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HOME  RULE  CHARTER 


OF  THE 


CITY  OF  ST.  CLOUD 

MINNESOTA 


ADOPTED  NOVEMBER  28TH 
A.  D.,  1911 


OFFICIAL  PUBLICATION 


BY  ORDER  OF  THE 

COMMISSION  OF  THE  CITY  OF  ST.  CLOUD 


"SCCUniTY”  »T.  CLOUD.  MINN. 


Digitized  by  the  Internet  Archive 
in  2016 


https://archive.org/details/homerulecharteroOOsain 


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CHARTER  OF  THE  CITY  OF  ST.  CLOUD 


CONTENTS 


CHAPTER  I. 

CITY  AND  WARD  BOUNDARIES. 

Sec. 

1.  Incorporation  and  Powers. 

2.  Boundaries. 

3.  Wards  in  Stearns  County. 

4.  Wards  in  Benton  and  Sherburne  Counties. 

CHAPTER  II. 

OFPTCERS  AND  ELECTIONS. 

5.  Officers’  Qualifications  and  How  Elected  or  Appointed. 

6.  Terms  of  Office. 

7.  Elections  and  Laws  Governing  the  Same. 

8.  Election  Precincts  and  Voting  Places. 

9.  Qualification  of  Voters. 

10.  Judges  of  Election. 

11.  Returns  of  City  Election,  Notice  of  Officers  Elected. 

12.  Vacancies  in  Office  and  How  Filled. 

13.  Special  Elections. 

14.  When  an  Office  Shall  be  Deemed  Vacant.  Resignations. 

15.  How  Officers  Shall  Qualify. 

16.  Mode  of  Nomination  and  Election. 

17.  Condition  of  Candidacy. 

18.  Form  of  Nomination  Petition. 

19.  Date  of  Presenting  Petition. 

20.  Withdrawal  of  Signature. 

21.  Withdrawal  of  Candidate. 

22.  Filing  Petitions  of  Nomination. 

23.  Publication  of  Names  of  Candidates.  Ballots  for  Primary. 

24.  Names  on  Primary  Ballot.  Form  of  Ballot. 

25.  Requirements  of  Ballot. 

26.  Every  Nominee  to  be  on  Ballot. 

27.  Vote  Necessary  for  Election  at  First  Election. 

28.  Second  Election. 

29.  Rules  Governing  Second  Election. 

30.  Informalities  in  Election. 

31.  Publish  Election  Expense. 


CONTENTS 


Sec. 

32.  Transfer  of  Books  at  Expiration  of  Term  of  Office. 

33.  Administering  Oath.  Subpoenas. 

34.  First  Election  Under  the  Charter. 


CHAPTER  III. 

THE  MAYOR. 

35.  Chief  Executive. 

36.  Reports  to  Council. 

37.  Examination  of  Books,  Reports,  etc. 

38.  Supervision  of  Public  Utility  Companies. 

39.  May  Require  Action  by  City  Attorney. 

40.  Member  of  Commission. 

41.  Powers  and  Duties  Prescribed  by  Ordinance. 

42.  Acting  Mayor. 

43.  Mayor’s  Veto. 

CHAPTER  IV. 

THE  COMMISSION. 

44.  The  Commission.  How  Composed.  Powers. 

45.  President. 

46.  Vice  President. 

47.  Meetings  of. 

48.  Quorum. 

49.  Rules  Adopted. 

50.  Meetings  Public. 

51.  Manner  of  Voting. 

52.  Absent  Members. 

53.  Failure  to  Vote. 

54.  Signing  Journal. 

55.  Monthly  Statement. 

56.  City  Prisons  and  Workhouses. 

57.  To  Audit  Accounts  of  City  Officers. 

58.  To  Manage  City  Property  and  Finances. 

59.  Shall  Have  Power  to  Acquire  Property. 


CHAPTER  V. 

ADMINISTRATIVE  DEPARTMENTS. 
Powers  and  Duties. 

60.  The  Three  Municipal  Departments. 

61.  Commission  to  Assign  Duties  to  the  Departments. 

62.  The  Mayor  and  Commissioners. 

63.  The  Commission  to  Elect  Officers. 

64.  Subordinate  Officers  and  Employees. 

65.  Compensation  of  Officers  and  Employees. 

66.  Reports  of  Departments. 

67.  Commissioners  to  Hold  no  Other  Office. 

68.  Officers  Cannot  Contract  with  City. 

69.  Political-Religious  Test. 


CONTENTS 


S0C 

CHAPTER  VI. 
The  Council. 


70.  How  Composed.  Powers. 

71.  Authority  to  Incur  Debt. 

72.  Meetings  of  Council.  Officers. 

73.  Legislative  Power  of  Electors. 

74.  Matters  Regulated  or  Prohibited  by  Ordinance. 

1st  Licenses. 

2d  Gambling. 

3d  Disorderly  Places  and  Conduct.  Sale  of  Liquors. 

4th  Unhealthy  or  Nauseous  Places  or  Trades. 

5th  Stock  Yards.  Slaughtering.  Breweries.  Pawn  Shops. 
Explosives. 

6th  Incumbering  of  Streets. 

7th  Railway  Trains.  Driving  in  Streets.  Places  of  Bathing. 

8th  Animals  Running  at  Large. 

9th  Putrid  Substances  on  Premises. 

10th  Pounds.  Water  Works.  Lighting  Works. 

11th  Board  of  Health.  Hospitals.  Burials. 

12th  Inspection  and  Weighing  of  Provisions. 

13th  Damaging  Streets,  Sidewalks,  Etc. 

14th  Fire  Arms  and  Fire  Works. 

15th  Runners. 

16th  Drunkenness  and  Obscenity. 

17th  Markets. 

18th  Shops  for  Sale  of  Meat,  Grain  and  Provisions. 

19th  Weighing  and  Measuring  Fuel,  Hay  and  other  Substances. 
20th  Cleaning  Sidewalks  and  Lots  and  Draining  Low  Ground. 
21st  Paupers  and  Persons  Exposed  to  Contagious  Diseases. 

22nd  Auctions. 

23rd  Inspection  of  Provisions,  Meat  and  Liquors. 

24th  Planting  of  Shade  and  Ornamental  Trees. 

25th  Abating  Nuisances. 

26th  Preservation  of  Public  Health. 

27th  Abating  Nuisances  Injurious  to  Public  Health. 

28th  Vagrants  and  Prostitutes. 

29th  Hitching  Posts  and  Hatchways. 

30th  Numbering  of  Houses  and  Lots. 

31st  Steam  Boilers  and  Vehicles  Propelled  by  Steam. 

32d  Gas  and  Gas  Works. 

33d  Placing  of  Eelctric  and  Other  Wires. 

34th  Wood  and  Building  Material.  Factories.  Inflamable  and 
Expolsive  Substances. 

35th  Dangerous  Buildings. 

36th  Fire  Escapes  and  Extinguishers. 

37th  Width  of  Wheel  Tires.  Maximum  Load  on  Streets. 

38th  Removal  of  Partially  Destroyed  Buildings. 

39th  Hackmen  and  Draymen. 

40th  Construction  of  Buildings. 

41st  Removal  of  Garbage.  Privies. 

42d  Railway  Crossings. 

43d  Chimneys  and  Smoke  Stacks.  Unsafe  Buildings. 

44th  Nuisances. 

45th  Carrying  of  Dangerous  Weapons. 


CONTENTS 


S©c 

46th  Cutting  of  Ice. 

47th  Penning  and  Pasturing  Animals. 

48th  Plumbing. 

49th  Electricians. 

50th  Civil  Service  Board. 

51st  Civic  Art  Board. 

52d  Park  Board. 

53d  Playgrounds  Board. 

54th  Board  of  Public  Charities. 

75.  Ratification  of  Franchise. 

76.  Annual  Statement. 

77.  Appraisers. 

78.  City  May  Purchase  Plant  of  Public  Service  Corporation. 

79.  Penalties  for  Violation  of  Ordinance. 

80.  Workhouse.  Offenders  Kept  at  Hard  Labor. 

81.  Ordinances  and  By-Laws,  How  Passed  and  Approved. 

82.  Ordinances  and  Affidavits  to  Be  Recorded. 

83.  Courts  to  Take  Judicial  Notice  of  Ordinances. 

84.  Council  Meeting  Public. 

85.  Manner  of  Voting. 

86.  Licenses,  How  Revoked. 

87.  No  Ordinances  to  Limit  Power  of  Commission. 

88.  Common  Council. 

CHAPTER  VII. 

THE  INITIATIVE. 

89.  Direct  Legislation. 

90.  Provisions  of  Chapter  2 Apply. 

91.  Fifteen  Per  Cent  Petition. 

92.  Five  Per  Cent  Petition. 

93.  Publication  of  Popular  Ordinance. 

94.  Election. 

95.  Several  Ordinances  at  One  Election. 

96.  Limit  of  Special  Elections. 

97.  Repeal  of  Popular  Ordinance. 

98.  Further  Regulations. 

CHAPTER  VIII. 

THE  REFERENDUM. 

99.  Mode  of  Protesting  Against  Ordinances. 

100.  Reference  of  Measures  to  Popular  Vote. 

101.  Further  Regulations. 

CHAPTER  IX. 

RECALL  OF  ELECTIVE  OFFICERS. 

102.  Applies  to  All  Elective  Officers. 

103.  Petition  For  Recall. 

104.  Provisions  of  Chapter  2 Apply. 

105.  Election  Under  Recall  Petition. 


CONTENTS 


Sec. 

106.  Ground  of  Recall.  Officer’s  Justification. 

107.  Candidates’  Election. 

108.  Incumbent  Removed. 

109.  No  Recall  Petition  for  First  Six  Months. 

110.  Incapacity  of  Recalled  Official. 

111.  Further  Regulations. 


CHAPTER  X. 

TAXES  AND  FINANCES. 

112.  Fiscal  Year,  When  Taxes  Commence. 

113.  Property  Subject  to  Taxation. 

114.  Taxes  Levied  by  Resolution.  Form. 

115.  Rules  Governing  Assessments. 

116.  Board  of  Equalization. 

117.  Board  of  Equalization.  Adjournments.  Clerk.  Hearing  Before. 

118.  Assessment  Roll  for  Each  County.  Authentication. 

119.  Annual  Budget. 

120.  Taxes.  Statement  of  Transmitted  to  County  Auditors.  How 

Collected  and  Paid  Over. 

121.  County  Treasurer  to  Advance  Money  to  City.  When. 

122.  Statements  of  Taxes  Collected,  Abated  and  Delinquent. 

123.  Separate  Account  to  be  Kept  for  Each  Fund. 

124.  Tax  Certificates. 

125.  Money.  How  Paid  Out  of  Treasury. 

126.  Obligations  Cancelled  When  Paid. 

127.  Judgments.  How  Paid. 

128.  Uniform  Accounts  and  Report. 

129.  Financial  Report.  Reduction  of  Expenditures. 

130!  City  Depositaries. 

131.  Exemption  of  East  St.  Cloud  from  Indebtedness. 


CHAPTER  XI. 

BONDS. 

132.  Purposes  for  Which  Bonds  May  Be  Used. 

133.  Limitation. 

134.  Form  of  Execution. 

135.  Registration.  Approval  of  Electors. 

136.  Refunding  Bonds,  Etc.  Sale. 

137.  Bonds  Other  Than  Refunding.  Election. 

138.  Proceeds.  How  Handled. 

139.  Sinking  Fund  Board  Investments. 

140.  Sinking  and  Interest  Funds.  Deposits. 

141.  Payments  on  Warrants  of  Commissioners. 

142.  Vacancies.  How  Filled.  Meetings.  Record. 

143.  Securities  Deposited  With  Treasurer.  Cancellation  of  Bonds. 

144.  Payment  of  Interest  and  Bonded  Indebtedness. 

145.  Sinking  Fund  Sufficient.  Tax  Omitted.  Funding  Bonds. 

146.  Enforcement  of  Provisions  as  to  Sinking  Fund. 

147.  Penalty. 


CONTENTS 


Sec. 

CHAPTER  XII. 

LOCAL  IMPROVEMENTS  AND  SPECIAL  ASSESSMENTS. 

148.  Purposes  for  Which  Property  May  Be  Condemned. 

149.  What  Improvements  May  Be  Made. 

150.  Assessments.  For  What  Purpose.  Taxing  Districts. 

151.  Methods  of  Making  Assessments. 

152.  Commission  to  Make  Assessments.  May  Combine  Methods. 

153.  Property  May  Be  Purchased  or  Condemned. 

154.  Procedure  for  Making  Improvement. 

155.  Notice.  Hearing  Before  Board. 

156.  Amount  of  Assessment.  Manner  of  Ascertaining. 

157.  Report  and  Adoption  of  Assessment. 

158.  Assessment  Roll.  Form.  Manner  of  Making. 

159.  Assessment.  Allowance  for  Property  Deducted. 

160.  Assessments.  Buildings  on  Property  Taken. 

161.  Assessment.  Procedure  for  Confirmation.  Notice. 

162.  Assessment.  Levy.  Installments.  Assessment  Roll. 

163.  Assessment.  Paramount  Lien. 

164.  City  Clerk  Shall  Keep  Record  of  All  Assessments. 

165.  Warrant  for  Assessments. 

166.  Warrant  Delivered  to  City  Treasurer. 

167.  Treasurer  to  Order  Notice  on  Warrant. 

168.  Return  of  City  Treasurer  to  City  Clerk  of  Delinquent  Assessments. 

169.  City  Clerk  to  Transmit  List  to  County  Auditor  . 

170.  Assessments  Payable  in  Installments. 

171.  Notice  of  Assessments  Payable  in  Installments. 

172.  Notice  of  Election  by  Property  Owner. 

173.  Installments  to  Draw  Interest.  When  Due. 

174.  Installments  Not  Paid  When  Due. 

175.  Installments  May  Be  Paid  Before  Due. 

176.  Installments  Paramount  Lien. 

177.  Election.  Waiver  of  Defects. 

178.  Commission  May  Issue  Warrants. 

179.  Appeals  and  Appellate  Procedure. 

180.  Judgment  Upon  Appeal. 

181.  Abandonment  of  Improvement.  Costs. 

182.  Payment  of  Award.  Title  Acquired.  Bond  for  Damages. 

183.  Errors  Not  to  Vitiate  Assessments. 

184.  Assessments  May  Be  Made  Anew.  When. 

185.  Additional  Assessments  for  Deficit. 

186.  Payment  to  Treasurer.  Receipts. 

187.  Abbreviation?  May  Be  Used. 

188.  Liabilities  for  Neglect  of  Duty. 

189.  Assessments  Against  Railways. 

190.  Frontage  on  Two  Streets.  Allowance  For. 

191.  Work  Done.  When  and  Where. 

192.  City  Sued  for  Property.  May  Condemn  Same. 

193.  Building  Allowed  to  Remain.  Use  of  Land. 

194.  Evidence  of  Title  To  Be  Recorded. 

195.  Prior  Assessment  Legalized. 

196.  Assessment.  How  Colected  from  County. 

197.  Property  Owners  May  Construct  Improvement. 

198.  Assessments  for  Sidewalks.  Form. 


CONTENTS 


S 0C 

CHAPTER  XIII. 

STREETS,  SIDEWALKS,  BRIDGES  AND  PUBLIC  GROUNDS. 

199.  Powers  as  to  Highways  and  Public  Grounds. 

200.  Establishment  of  Grades.  Change  of  Grades. 

201.  Vacation  of  Highways  and  Plats. 

202.  Construction  and  Maintenance  of  Sidewalks. 

203.  Sidewalks.  When  Repaired.  When  Removed. 

204.  Street  Lighting  and  Sprinkling. 

205.  Liabilities  for  Causing  Defects  in  Streets. 

206.  Summons  Published  if  Co-Defendant  is  a Non-Resident. 

207.  Action  for  Damages  Notice.  When  Barred. 

208.  Lands.  When  to  be  Platted.  Platting  Regulations. 

CHAPTER  XIV. 

SEWERAGE  AND  WATERWORKS. 

209.  Sewer  System,  Districts.  * 

210.  Cost.  How  Defrayed. 

211.  Right  of  Way  for  Mains  and  Ditches. 

212.  Construction  of  Branch  Pipes  and  Sewers, 

213.  Draining  Wet  Districts. 

214.  Pipes  and  Wires  Within  Areas. 

215.  Management  of  Water  Works. 

216.  By-Laws,  Etc. 

217.  Distribution  of  Waste. 

218.  Collection  of  Water  Rents. 

219.  Liability  of  Property  Owners. 

220.  Duties  of  City  Clerk  and  Treasurer. 

CHAPTER  XV. 

CONTRACTS. 

221.  Contract  for  Official  Advertising. 

222.  Other  Methods  of  Publishing.  Contract. 

223.  No  Pay  Till  Affidavit  of  Publication  is  Filed.  Evidence. 

224.  Work  By  Contract  or  Day’s  Work.  Bids. 

225.  To  Whom  Contract  May  Be  Let.  Votes  Required. 

226.  Debts.  Orders.  Execution  and  Record  of  Contracts. 

227.  Funds  Insufficient,  Clerk  to  Report,  and  Not  To  Sign  Contract. 

228.  Right  Reserved  to  Reduce  Amount  of  Contract. 

229.  Deposit  Forfeited.  When.  Rejection  of  Bids. 

230.  Bonds.  When  Required.  Conditions. 

231.  Contractor  Derelict  City  May  Complete  Contract. 

CHAPTER  XVI. 

FIRE  DEPARTMENT. 

232.  Fire  Limits  and  Buildings  Therein. 

233.  Fire  Limits  Not  Reduced.  Fireproof  Sidewalks. 

234.  Regulations  for  Prevention  of  Fires. 

235.  Regulation  of  Bystanders,  Etc.,  at  Fires. 


CONTENTS 


Sec. 

236.  Punishment  of  Offenders.  Injunctions. 

237.  Removal  of  Dangerous  Buildings. 

238.  Fire  Department  and  Apparatus. 

239.  Paid  Fire  Department. 

240.  Commission  to  Make  Rules. 

241.  Officers  of  Department  and  Powers  and  Duties, 

242.  Fire  Police.  Duties  of  Policemen. 

243.  Arrests  at  Fires. 

244.  Expense.  How  Defrayed. 

♦ 

CHAPTER  XVII. 

POLICE  DEPARTMENT. 

245.  Policemen.  Appointment.  Qualifications.  Removals. 

246.  Limited  Policemen. 

247.  Special  Policemen. 

248.  Titles,  Rules,  Uniforms,  Arms  and  Badges. 

249.  Powers  and  Duties. 

250.  Peace  Officers.  Powers. . 

251.  Refusing  to  Aid  Peace  Officers.  Penalty. 

252.  Assuming  to  be  a Policeman  a Misdemeanor. 

CHAPTER  XVIII. 

CITY  JUSTICES  AND  COURTS. 

253.  Powers  of  Justices.  Procedure.  Appeals. 

254.  Attendance  at  Office.  Issue  Process.  Where. 

255.  Fee.  Jurisdictions  of  Actions  For  and  Against  City. 

256.  Process.  To  Whom  Directed.  Not  Required.  When. 

257.  Offender  Imprisoned  When. 

258.  Prosecutions  to  be  in  Name  of  City. 

259.  Entry  in  Docket  in  Lieu  of  Complaint. 

CHAPTER  XIX. 

MISCELLANEOUS  PROVISIONS. 

260.  Reconsideration  of  Vote. 

261.  Residence  in  City  Does  Not  Disqualify  Jurors,  Etc. 

262.  Ordinances  and  Resolutions  Legalized. 

263.  Process  Served  on  City.  How.  Duty  of  Mayor, 

264.  Property.  City  May  Hold  and  Convey.  Not  Taxable. 

265.  Charter.  Not  Amended  Unless  So  Stated, 

266.  Printed  Ordinances  and  Rules.  Evidence. 

267.  Publication  of  Charter,  Ordinances  and  Rules. 

268.  No  Officer  to  Dispose  of  City  Property. 

269.  Commission.  Trustees  Under  Townsite  Act. 

270.  Expense  of  Entry  a Lien  on  Lots. 

271.  Claims,  Itemized  and  Verified.  Except  Pay  Rolls. 

272.  City  Records.  Public  Evidence. 

273.  Charter.  Courts  Take  Judicial  Notice  of. 

274.  City  to  Support  Paupers  Within  City. 

275.  Suits  By  or  Against  City.'  Place  of  Trial. 

276.  Conviction  Under  State  Laws.  City  Exempt  from  Expense. 

277.  Appeals  From  Allowance  of  Claims. 


HOME  RULE  CHARTER 

OF  THE 

CITY  OF  ST.  CLOUD 

MINNESOTA 


ADOPTED  NOVEMBER  28TH 
A.  D„  1911 


OFFICIAL  PUBLICATION 


BY  ORDER  OF  THE 

COMMISSION  OF  THE  CITY  OF  ST.  CLOUD 


HOME  RULE  CHARTER 

OF  THE  CITY  OF  ST.  CLOUD,  MINNESOTA 


ADOPTED  NOVEMBER  28th,  A.  D.,  1911 


CHAPTER  I. 

CITY  AND  WARD  BOUNDARIES. 

INCORPORATION  AND  POWERS. 

Section  1.  All  that  district  of  country  hereinafter  described, 
shall  be  a city  by  the  name  of  St.  Cloud,  and  all  the  people  now 
inhabiting  and  those  who  shall  hereafter  inhabit  the  said  district, 
shall  be  a municipal  corporation,  by  the  name  of  the  “City  of  St. 
Cloud,”  and  by  that  name  may  sue  and  be  sued,  plead  and  be  im- 
pleaded, in  any  court;  make  and  use  a seal  and  alter  it  at  pleasure; 
and  take,  told  and  purchase,  lease  and  convey  all  such  real,  personal 
and  mixed  estate  as  the  purposes  of  the  corporation  may  require,  or 
the  transaction  or  exigencies  of  its  business  may  render  convenient, 
within  or  without  the  limits  of  such  district;  shall  be  capable  of 
contracting  and  being  contracted  with;  and  shall  have  all  the  pow'ers 
possessed  by  municipal  corporations  at  common  law,  and  in  addition 
thereto  shall  possess  all  powders  hereinafter  granted;  and  all  the 
authorities  thereof  shall  have  perpetual  succession. 

BOUNDARIES. 

Sec.  2.  The  district  of  country  constituting  the  City  of  St. 
Cloud  shall  be  the  following  described  lands  situate  in  towmship  one 
hundred  and  twenty-four  (124)  north,  af  range  twenty-eight  (28) 
west,  in  the  county  of  Stearns  and  state  of  Minnesota,  to-wTt:  Ail 
of  section  (2),  the  southwest  quarter,  and  the  east  half  of  section 
three  (3),  all  of  sections  ten  (10),  eleven  (11),  tw'elve  (12),  thir- 
teen (13)  and  fourteen  (14),  the  north  half  of  the  southw'est  quarter, 
and  the  north  half  of  the  southeast  quarter,  and  the  southeast  quar- 
ter of  the  southeast  quarter,  and  the  north  half  of  section  fifteen  (15), 
the  northeast  quarter  of  the  northeast  quarter  of  section  tw'enty-tw'o 
(22),  the  north  half  of  section  twenty-three  (23),  and  lots  one  (1) 
and  tw'o  (2)  of  section  tw'enty-four  (24).  And  also  the  following 
described  lands  situate  in  the  county  of  Benton  and  state  of  Minne- 
sota, to-w'it:  The  south  half  of  the  southw^est  quarter  of  section 
twenty-five  (25);  all  that  part  of  the  southeast  quarter  of  the  south- 


i.'  . 


4 


HOME  RULE  CHARTER 


east  quarter  of  section  tweny-six  (26)  not  included  in  the  platted 
portion  of  Sweet’s  addition  to  Sauk  Rapids,  and  sections  thirty-tive 
(35)  and  thirty-six  (36),  all  in  township  thirty-six  (36)  north,  ot 
range  thirty-one  (31)  west.  And  also  the  following  described  lands 
situate  in  the  county  of  Sherburne  and  state  of  Minnesota,  to-wit: 
Section  one  (1)  and  lot  one  (1)  of  section  twelve  (12)  in  township 
thirty-five  (35)  north,  of  range  thirty-one  (31)  west,  and  the  south 
half  of  section  six  (6);  and  the  northeast  quarter  of  section  seven 
(7)  in  township  thirty-five  (35)  north,  of  range  thirty  (30)  west, 
excepting  therefrom,  however,  the  following  described  tracts  which 
have  heretofore  been  removed  from  the  City  of  St.  Cloud  under  and 
by  virtue  of  the  provisions  of  Chapter  221  G.  L.  1907,  to-wit; 

The  north  half  of  the  southwest  quarter  (Ni^  SW^^)  and  the 
northwest  quarter  of  the  southeast  quarter  (NWV4  SEV4),  section 
three  (3);  also  the  southwest  quarter  of  the  northwest  quarter 
(SWhi  NWVi);  the  south  quarter  of  the  northwest  quarter  of  the 
northwest  quarter  (S^/4  NW^  NWi/4);  the  east  half  of  the  north- 
west quarter  (Ei^  NW^/4);  the  west  half  of  the  northeast  quarter 
(Wi/^  NEi/4)  and  all  the  east  half  of  the  northeast  quarter  (Ei^  NEl^) 
west  of  the  St.  Cloud-Clearwater  Road,  section  twenty-three  (23); 
also  all  of  lot  one  (1)  west  of  the  Great  Northern  Railway  Track 
and  Right-Of-Way,  and  all  of  lot  two  (2),  excepting  the  Great  North- 
ern Railway  Right-of-Way,  all  in  section  twenty-four  (24),  all  in 
Township  one  hundred  twenty-four  (124),  Range  twenty-eight  (28), 
Stearns  County,  Minnesota. 

Also  all  that  part  of  the  north  half  of  the  southeast  quarter 
(N^/^  SEi/4)  of  section  six  (6),  Township  thirty-five  (35), 
Range  thirty  (30),  Sherburne  County,  Minnesota,  lying  east- 
erly of  the  Right-of-Way  of  the  St.  Paul,  Minneapolis  and 
Manitoba  Railway  Company  and  the  Northern  Pacific  Railway 
Company. 

WARDS  IN  STEARNS  COUNTY. 

Section  3.  That  portion  of  the  city  of  St.  Cloud  situate  in  the 
county  of  Stearns  shall  be  divided  into  four  wards  to  be  called  the 
First  (1st),  Second  (2nd),  Third  (3rd)  and  Fourth  (4th)  wards, 
limited  and  bounded  as  follows,  viz;  All  that  part  of  said  territory 
within  the  boundaries  and  limits  of  said  city  as  now  established  or 
as  they  may  hereafter  be  extended  lying  south  of  the  following 
line,  viz;  Commencing  at  the  intersection  of  the  center  line  ot 
Fourth  street  south,  (formerly  Wilson  street)  with  the  Mississippi 
river,  and  running  thence  west  until  the  center  line  of  said  street 
extended  intersects  the  center  line  of  the  so-called  Lake  Boulevard 
as  the  same  is  shown  on  the  plat  thereof  on  file  in  the  office  of 
the  City  Clerk;  thence  southerly  on  the  center  line  of  said  boulevard 
to  the  intersection  of  the  same  with  the  center  line  of  Tenth 
avenue;  thence  south  on  the  center  line  of  said  Tenth  avenue  until 
the  same  intersects  the  south  line  of  the  northeast  quarter  of  said 
section  fourteen  (14) ; thence  west  on  said  south  line  to  the  center 
of  said  section  fourteen  (14);  thence  south  on  the  line  between 
the  southeast  quarter  and  the  southwest  quarter  of  said  section 
until  the  same  intersects  the  south  line  of  the  north  half  of  the 
southeast  quarter  of  said  section;  thence  west  on  said  line  extended 


CITY  OF  ST.  CLOUD,  MINN. 


5 


to  the  westerly  limits  of  said  city,  shall  constitute  and  be  the 
First  Ward. 

All  that  part  of  said  territory  within  the  boundaries  and  limits 
of  said  city,  as  now  established  or  as  they  may  be  hereafter  extended, 
lying  north  of  the  said  north  boundary  line  of  the  First  Ward  and 
south  of  the  following  line,  viz:  Commencing  at  the  intersection 
of  the  center  line  of  First  Street  south  (formerly  Lafce 

street),  with  the  Mississippi  river  and  running  thence  westerly 
along  the  center  line  of  said  street  until  the  same  intersects  the 
south  line  of  the  north  half  of  the  northwest  quarter  of  section 
fourteen  (14)  aforesaid,  and  thence  west  on  said  south  line,  and 

said  south  line  extended  to  the  westerly  limits  of  said  city,  shall 
constitute  and  be  the  Second  Ward. 

All  that  part  of  said  territory  within  the  boundaries  and  limits 
of  said  city  as  now  established  or  as  they  may  be  hereafter  extended 
lying  north  of  the  said  north  boundary  line  of  the  Second  Ward, 
and  south  of  the  following  line,  viz:  Commencing  at  the  intersection 
of  the  center  line  of  Second  street  north  with  the  Mississippi  river,  and 
running  thence  west  on  said  center  line  until  the  same 

intersects  the  center  line  of  Fifteenth  (15th)  avenue;  thence  north- 
erly along  the  center  line  of  said  Bhfteenth  avenue  until  the  same 
intersects  the  center  line  of  Third  street  north;  thence  westerly 

along  the  center  line  of  said  Third  street  north  until  the  same  in- 

tersects the  north  line  of  section  fourteen  (14)  aforesaid;  thence 
west  along  said  north  line  of  section  fourteen  (14)  and  said  line 
extended  along  the  center  line  of  Fourth  street  north  to  the  westerly 
limits  of  the  city,  shall  constitute  and  be  the  Third  Ward. 

All  the  remainder  of  said  city  situate  in  said  Stearns  county 
shall  constitute  and  be  the  Fourth  Ward, 

WARDS  IN  BENTON  AND  SHERBURNE  COUNTIES. 

Section  4.  All  the  territory  of  said  city  as  now  established  or  as 
it  may  hereafter  be  extended,  situate  in  the  County  of  Benton  and 
lying  north  of  the  center  line  of  the  main  trabk  of  the  St.  Cloud  and 
Hinckley  Railway,  shall  constitute  and  be  one  w'ard  of  said  city,  and 
shall  be  called  the  Fifth  Ward. ' 

All  the  remainder  of  said  territory  situate  in  said  county  of 
Benton  shall  constitute  and  be  one  ward  of  said  city,  and  shall  be 
called  the  Sixth  Ward. 

All  the  territory  of  said  city  as  now  established  or  as  it  may  be 
hereafter  extended,  situate  in  the  county  of  Sherburne,  shall  con- 
stitute and  be  one  ward  of  said  city  and  shall  be  called  the  Seventh 
Ward. 


CHAPTER  II. 

OFFICERS  AND  ELECTIONS. 

OFFICERS,  QUALIFICATION,  AND  HOW  ELECTED  OR  AP- 
POINTED. 

Section  5.  The  officers  of  said  city  shall  be  those  mentioned  in 
this  charter,  and  such  additional  officers  as  may  be  appointed  from 
time  to  time  by  the  Commission. 


6 


HOME  RULE, CHARTER 


The  elective  officers  of  the  city  shall  be  a mayor,  two  commis- 
sioners, five  councilmen  and  three  justices  of  the  peace  for  the  city 
who  shall  be  styled  “City  Justices,”  all  of  which  officers  shall  be 
nominated  and  elected  at  large.  All  of  said  officers  shall  be  residents 
and  qualified  voters  of  the  city.  All  other  officers  of  the  city  shall  be 
appointed  by  the  Commission  unless  otherwise  provided. 

TERMS  OF  OFFICE. 

Section  6.  The  term  of  all  elective  officers  shall  be  four  years. 
The  term  of  office  of  every  officer  elected  or  appointed  under  this 
charter  shall  commence  on  the  fourth  Monday  in  April  of  the  year 
for  which  he  shall  be  elected  or  appointed,  and  shall  continue  until 
a successor  is  elected  or  appointed,  and  shall  have  qualified,  unless 
otherwise  provided.  All  persons  now  holding  office  under  the  charter 
of  said  city  shall  continue  in  office  until  the  expiration  of  their  re- 
spective terms  or  until  their  successors  have  been  chosen  and  shall 
have  qualified. 

ELECTIONS  AND  LAWS  GOVERNING  THE  SAME. 

Section  7.  Elections  for  the  elective  officers  provided  for  by 
this  charter  shall  be  held  every  four  years  on  the  first  and  third 
Mondays  in  April  as  hereinafter  provided.  The  provisions  of  the 
general  laws  of  this  state  governing  elections  shall  apply  to  all  elec- 
tions held  under  this  charter,  except  as  otherwise  provided  herein. 
All  special  provisions  governing  elections  contained  in  this  Charter 
shall  also  apply  to  all  elections  within  the  city,  but  the  returns  for 
all  city  elections  shall  be  made  to  the  City  Clerk,  and  for  all  state 
and  county  elections  to  the  proper  County  Auditors.  The  Judges  of 
Election  shall  not  be  required  to  meet  for  the  registration  of  voters 
at  any  other  time  than  the  Friday  immediately  preceding  any  general 
election;  and  unless  ordered  so  to  do  by  the  Commission,  they  shall 
receive  pay  for  no  more  than  one  day  each  for  services  in  the  regis- 
tration of  voters. 

ELECTION  PRECINCTS  AND  VOTING  PLACES. 

Section  8.  The  Commission  may  divide  any  ward  of  said  city 
Into  as  many  election  precincts  as  they  may  deem  proper  and  neces- 
sary. Each  ward  shall  constitute  an  election  precinct  until  so  divided; 
and  the  boundaries  of  no  precinct  shall  be  changed  within  twenty 
day»s  of  any  election.  The  Commission  shall  designate  the  place 
of  holding  election  in  each  election  precinct  at  least  twenty  days 
prior  to  such  election,  and  the  place  so  designated  shall  remain  the 
place  of  holding  election  until  a new  designation  is  made. 

QUALIFICATIONS  OF  VOTERS. 

Section  9.  All  persons  entitled  to  vote  for  state  and  county 
officers,  and  who  shall  have  resided  for  ninety  days  in  the  city  and 
for  ten  days  next  preceding  the  election  in  the  precinct  where  they 
offer  their  votes  shall  be  entitled  to  vote  for  any  officer  elected  under 
this  Charter,  and  to  hold  any  office  created  therein  except  as  herein 
otherwise  provided. 

JUDGES  OF  ELECTION. 

Section  10.  At  least  twenty  days  before  any  election  the  Com- 
mission shall  appoint  Judges  of  Election  for  each  election  precinct. 


CITY  OF  ST.  CLOUD,  MINN. 


7 


No  person  shall  serve  as  Judge  of  Election  who  is  a candidate  at 
such  election. 

RETURNS  OF  CITY  ELECTION,  NOTICE  OF  OFFICERS  ELECTED. 

Sestion  11.  When  a city  election  shall  be  closed,  and  the  number 
of  votes  for  each  person  voted  for  shall  have  been  counted  and 
ascertained  the  Judges  of  Election  shall  make  returns  thereof,  stating 
therein  the  number  of  votes  cast  for  each  person  for  each  and  every 
office,  and  shall  deliver  such  returns  or  cause  the  same  to  be 
delivered  to  the  City  Clerk  within  one  day  after  such  election.  The 
Commission  shall  meet  and  canvass  such  returns  and  declare  the 
result  as  it  appears  therefrom,  within  four  days  after  election;  and 
the  City  Clerk  shall  forthwith  give  notice  to  the  officers  elected  of 
their  respective  elections  by  serving  the  same  on  such  officers  per- 
sonally or  by  depositing  the  same  properly  addressed  in  the  post- 
office  at  St.  Cloud. 

VACANCIES  IN  OFFICE  AND  HOW  FILLED. 

Section  12.  Whenever  a vacancy  shall  occur  in  any  office  herein 
provided  for,  or  whenever  there  shall  be  a failure  by  the  people  to 
elect  any  such  officers  on  the  day  designated,  the  Commission  shall 
have  power  and  it  shall  be  their  duty  to  declare  the  office  vacant  by 
resolution  entered  in  their  minutes,  and  to  fill  such  vacancy  bv 
appointment.  The  person  so  appointed  to  fill  a vacancy  in  an  elective 
office  shall  hold  his  office  and  discharge  the  duties  thereof  only  until 
the  next  general  municipal  election. 

SPECIAL  ELECTIONS. 

Section  13.  It  shall  not  be  necessary  to  make  new  precincts, 
to  appoint  Judges,  or  to  make  new  registers  of  voters  for  sp'^cval 
elections,  but  the  Judges  of  Election  of  the  last  general  election  in 
any  precinct  shall  continue  to  be  .ludges  of  Election  for  such  special 
election;  and  vacancies  of  Judges  may  be  filled  the  same  as  in  case 
of  general  elections;  and  such  Judges  shall  have  the  right  to  ♦■ake 
from  the  City  Clerk  and  use  at  such  special  election  the  registers 
used  at  the  last  general  election. 

WHEN  AN  OFFICE  SHALL  BE  DEEMED  VACANT,  RESIGNATIONS. 

Section  14.  Any  officer  removing  from  the  city  or  any  officer 
who  shall  refuse  or  neglect  for  ten  days  after  notice  of  his  election 
or  appointment  to  enter  upon  the  discharge  of  the  duties  of  his 
office,  shall  be  deemed  to  have  vacated  his  office. 

HOW  OFFICERS  SHALL  QUALIFY. 

Section  15.  Every  person  elected  or  appointed  to  any  office 
under  this  Charter,  shall,  before  he  enters  upon  the  duties  of  his 
office,  take  and  subscribe  an  oath  of  office  and  file  the  same  with 
the  City  Clerk.  Such  officers  as  the  Commission  shall  require,  shali 
severally,  before  they  enter  upon  the  duties  of  their  respective 
offices,  execute  to  the  City  of  St.  Cloud  bonds  in  such  amount  and 
in  such  conditions  a^s  the  Commission  may  prescribe;  and  in  the  ab- 
sence of  special  provisions  such  officers  shall  give  bond  in  the 
amounts  and  upon  the  conditions  of  the  bonds  of  their  prede‘C‘'ssors 
in  office.  The  Commission  may  from  time  to  time  require  new  bonds 


HOME  RULE  CHARTER 


and  remove  from  office  any  officer  refusing  or  neglecting  to  give 
the  same.  The  bonds  of  all  the  city  officers  shall  be  such  as  shall  be 
approved  by  the  Commission. 

MODE  OF  NOMINATION  AND  ELECTION. 

Section  16.  The  mode  of  nomination  and  election  of  all  elective 
officers  of  the  city  to  be  voted  for  at  any  municipal  election  shall 
be  as  follows  and  not  otherwise. 

CONDITION  OF  CANDIDACY. 

Section  17.  The  name  of  a candidate  shall  be  printed  upon  the 
ballot  when  a petition  of  nomination  shall  have  been  filed  in  his 
behalf  in  the  manner  and  form  and  under  the  conditions  hereinafter 
set  forth. 

FORM  OF  NOMINATION  PETITION. 

Section  18.  The  petition  of  nomination  shall  be  signed  by  not 
less  than  twenty-five  qualified  electors.  Each  petition  shall  be  veri- 
fied by  one  or  more  persons  as  to  qualifications  and  residence,  with 
street  number  of  each  of  the  persons  so  signing  the  said  petition, 
and  the  said  petition  shall  be  substantially  in  the  following  form. 

“PETITION  OF  NOMINATION. 

The  undersigned,  duly  qualified  electors  of  the  City  of  St.  Cloud, 
and  residing  at  the  places  set  opposite  our  respective  names  hereto 
do  hereby  request  that  the  name  of  (name  of  cpndidatel  be  placed 
on  the  ballot  as  a candidate  for  nomination  for  (name  of  office)  for 
the  full  term  (or  for  the  unexpired  term)  to  be  voted  for  at  the 

municipal  election  to  be  held  in  the  City  of  Si.  tfioud  on  the 

day  of  April,  19 We  further  state  that  v/e  know  him  to  be 

qualified  elector  of  said  city  and  a man  of  good  moral  character 
and  qualified  in  our  judgment  for  the  duties  of  such  office.” 


Names  of  Qualified  Electors  : Number  : Street 


DATE  OF  PRESENTING  PETITION. 

Section  19.  A petition  of  nomination  signed  by  not  less  than 
twenty-five  qualified  electors,  for  any  one  candidate,  may  be  pre- 
sented to  the  City  Clerk  not  earlier  than  forty-five  days  nor  later 
than  thirty  days  before  the  election.  The  City  (jlerk  shall  endorse 
thereon  the  date  upon  which  the  petition  was  presented  to  him. 
No  filing  fee  shall  be  required  of  any  candidates  for  any  elective 
office  provided  for  in  this  charter. 

WITHDRAWAL  OF  SIGNATURE. 

Section  20.  Any  signer  to  a petition  of  nomination  may  with- 
draw his  name  from  the  same  by  filing  with  the  City  Clerk  a verified 
revocation  of  his  signature  before  the  filing  of  the  petition  by  the 
City  Clerk  and  not  otherwise.  He  shall  then  be  at  liberty  to  sign  a 
petition  for  another  .candidate  for  the  same  office. 

WITHDRAWAL  OF  CANDIDATE. 

Section  21.  Any  person  whose  name  has  been  presented  under 
this  section  as  a candidate  may,  not  later  than  twenty-five  days 


CITY  OF  ST.  CLOFD,  MINN. 


9 


before  the  day  of  election,  cause  his  name  to  be  withdrawn  from 
nomination  by*  filing  with  the  City  Clerk  a request  therefor  in  writing, 
and  no  name  so  withdrawn  shall  he  printed  upon  the  ballot.  If  upon 
such  withdrawal  the  number  of  candidates  remaining  does  not  equal 
the  number  to  be  elected,  then  other  nominations  may  be  made 
by  filing  petitions  therefor  not  later  than  twenty  days  prior  to  such 
election. 

FILING  PETITIONS  OF  NOMINATION. 

Section  22.  If  the  petition  of  nomination  be  found  sufficiently 
signed  as  hereinbefore  provided,  the  City  Clerk  shall  file  the  same 
twenty-five  days  before  the  date  of  the  election.  When  a petition 
of  nomination  shall  have  been  filed  by  the  Clerk  it  shall  not  he 
withdrawn  nor  added  to  and  no  signature  shall  be  revoked  thereafter, 

PUBLICATION  OP  NAMES  OF  CANDIDATES.  BALLOTS  FOR 

PRIMARY. 

Section  23.  Immediately  upon  the  expiration  of  the  time  for 
filing  the  petitions  for  candidates  the  City  Clerk  shall  cause  to  he 
published  for  three  successive  days  in  two  daily  newspapers  pub- 
lished in  the  city  in  proper  form  the  names  of  the  persons  with  the 
offices  for  wffiich  they  are  respectively  candidates,  as  they  are  to 
appear  upon  the  primary  ballot,  and  shall  thereupon  cause  the 
primary  ballot  to  be  printed,  authenticated  with  the  fac-simile  of 
his  signature. 

NAMES  ON  PRIMARY  BALLOT.  FORM  OP  BALLOT. 

Section.  24.  Upon  said  primary  ballot  the  names  of  the  candi- 
dates for  Mayor,  arranged  alphabetically  shall  be  placed  at  the 
head,  w'ith  a square  at  the  right  of  each  name,  and  at  the  right  of 
the  square  the  words,  “Vote  for  one.”  Following  these  names  and 
arranged  likewise  there  shall  be  placed  the  names  of  the  candidates 
for  Commissioners  with  a square  at  the  right  of  each  name,  and 
likewise  at  the  right  of  the  square  the  words,  “Vote  for  two.” 
Following  the  names  of  candidates  for  Commissioners  and  likewise 
arranged  there  shall  be  placed  the  names  of  the  candidates  for 
Councilmen,  with  a square  at  the  right  of  each  name,  and  at  the 
right  of  the  square  the  wmrds,  “Vote  for  five.”  Following  the  names 
of  candidates  for  Councilmen  and  likewise  arranged  there  shall  be 
placed  the  names  of  the  candidates  for  City  Justices,  with  a square 
at  the  right  of  each  name,  and  at  the  right  of  the  square  the  w’ords, 
“Vote  for  three.”  The  ballot  shall  in  all  respects  conform  to  the 
requirements  of  the  state  law',  except  as  otherwise  required  by  this 
charter. 

REQUIREMENTS  OP  BALLOT. 

Section  25.  There  shall  be  no  party  designation  or  mark  w'hat- 
ever  on  the  ballot,  and  nothing  on  the  ballot  shall  be  indicative  of 
the  source  of  the  candidacy  or  of  the  support  of  any  candidate, 

EVERY  NOMINEE  TO  BE  ON  BALLOT. 

Section  26.  The  name  of  no  candidate  who  has  been  duly  and 
regularly  nominated  and  w'ho  has  not  withdrawn  his  name  as  herein 
provided,  shall  be  omitted  from  the  ballot. 


10 


HOME  RULE  CHARTER 


VOTE  NECESSARY  FOR  ELECTION  AT  FIRST  ELECTION. 

Section  27.  In  case  one  or  more  candidates  for  an  office  shall 
receive  a majority  of  all  votes  for  that  office,  then  and  in  that  case 
such  candidates  receiving  the  highest  number  of  votes  shall  be 
declared  elected,  it  being  the  intent  of  this  paragraph  to  make  pos- 
sible the  election  of  one  or  all  elective  officers  at  said  first  election. 

SECOND  ELECTION. 

Section  28.  If  at  any  election  held  as  above  provided  there  be 
any  office  to  which  no  candidate  was  elected,  then  as  to  such  office 
the  said  first  election  shall  be  considered  to  have  been  a primary 
election  for  the  nomination  of  candidates,  and  a second  election 
shall  be  held  to  fill  said  office. 

If  there  be  no  election  of  mayor,  the  two  candidates  for  mayor 
who  received  the  highest  number  of  votes  at  said  primary  election 
shall  be  the  nominees  for  the  office  of  mayor  and  shall  be  the  only 
candidates  for  mayor  at  such  second  election. 

If  there  be  no  election  of  commissioners  the  four  candmates 
for  commissioner  receiving  the  highest  number  of  vo+es  at  said 
primary  election,  shall  be  the  nominees  for  the  office  of  commissioner 
and  shall  be  the  only  -candidates  for  commissioners  at  such  second 
election. 

If  one  commissioner  be  elected  at  such  first  election  then  the 
two  candidates  for  commissioner  who  received  the  next  highest  num- 
ber of  votes  at  said  primary  election  shall  be  the  nominees  for  the 
office  of  commissioner  and  shall  be  the  only  candidate?  for  com- 
missioner at  such  second  election. 

If  there  be  no  election  of  councilmen  the  ten  candidates  for 
councilmen  receiving  the  highest  number  of  votes  at  said  primary 
election,  or  if  one  councilman  be  elected  then  the  eight  candidates 
receiving  the  next  highest  number  of  votes;  or  if  two  councilmen 
be  elected  then  the  six  candidates  receiving  the  next  highest  number 
of  votes,  or  if  three  councilmen  be  elected  then  the  four  candidates 
receiving  the  next  highest  number  of  votes,  or  if  four  councilmen 
be  elected  then  the  two  candidates  receiving  the  next  highest  number 
of  votes,  as  the  case  may  be,  shall  be  the  nominees  for  the  office 
of  councilmen  and  shall  be  the  only  candidates  for  councilmen  at 
such  second  election. 

If  there  be  no  election  of  City  Justices  or  if  only  one  or  two  City 
Justices  the  six  candidates  for  City  Justices  receiving  the  highest 
number  of  votes  at  said  primary  election,  or  if  one  City  Justice 
be  elected  then  the  four  candidates  receiving  the  next  highest  num- 
ber of  votes;  or  if  two  City  Justices  be  elected  then  the  two  candi- 
dates receiving  the  next  highest  number  of  votes,  as  the  case  may 
be,  shall  be  the  nominees  for  the  office  of  City  Justice  and  shall  be 
the  only  candidates  for  City  Justice  at  such  second  election. 

Provided,  that  if  there  be  any  person,  who,  under  the  provisions 
of  this  subdivision,  would  have  been  entitled  to  become  a candidate 
for  any  office  except  for  the  fact  that  some  other  candidate  received 
an  equal  number  of  votes  therefor,  then  all  such  persons  receiving 
such  equal  number  of  votes  shall  likewise  become  candidates  for 


11 


CITY  OF  ST.  CLOUD,  MINN. 

such  ofiico.  The  candidates  who  shall  receive  the  highest  number 
of  votes  for  the  respective  offices  at  such  second  election  shall  be 
declared  elected. 

7.1  I ’ S ('O^TlRNING  SECOND  ELECTION. 

Section  29.  All  the  provisions  and  conditions  above  set  forth  as 
io  tl.e  conduct  of  an  election,  so  far  as  they  may  be  applicable,  shall 
ge  vern  the  second  election. 

. V!  u utils  in  election. 

Clio  SO.  No  informalities  in  conducting  a municipal  election 
‘ U E e Fame,  if  it  has  been  conducted  fairly  and  in  sub- 
stantial conformity  to  the  requirements  of  this  charter. 

"'^BLISH  ELECTION  EXPENSES. 

Section  31.  Every  elective  officer  shall  within  ten  days  after 
qualifying,  file  with  the  City  Clerk  and  publish  at  least  once  in  a 
daily  newspaper  of  general  circulation  his  sworn  statement  of  all 
his  election  and  campaign  expenses  and  by  whom  such  funds  were 
contributed.  Any  violation  of  any  of  the  provisions  of  this  section 
shall  be  a misdemeanor. 

TRANSFER  OF  BOOKS  AT  EXPIRATION  OF  TERM  OF  OFFICE. 

Section  32.  Every  elective  and  appointive  officer,  shall  at  the 
expiration  of  his  term  of  office,  in  whatsoever  way  terminated,  turn 
over  to  his  successor  in  office,  or  to  some  other  properly  authorized 
officer,  on  demand,  all  the  books,  papers,  files,  records,  moneys  and 
other  property  and  things  whatsoever  pertaining  to  his  office  or  re- 
ceived by  reason  thereof. 

ADMINISTERING  OATHS.  SUBPOENAS. 

Section  33.  Every  member  of  the  commission,  of  the  council, 
and  of  every  board  provided  for  in  this  charter  shall  have  the  power 
to  administer  oaths  and  affirmations,  and  every  member  shall  have 
power  to  issue  subpoenas,  and  to  compel  by  subpoena  the  production 
of  books,  papers  and  documents,  and  to  take  and  hear  testimony 
concerning  any  matter  or  thing  pending  before  such  body.  If  any 
person  so  subpoenaed  neglects  or  refuses  to  appear,  or  to  produce 
books,  papers  or  documents  required  by  such  subpoena,  or  shall  re- 
fuse to  testify  before  such  body  or  to  answer  any  questions  which 
a majority  of  such  body  shall  decide  to  be  pro>per  or  pertinent,  he 
shall  be  deemed  in  contempt  and  such  body  shall  thereupon  have 
power  to  take  such  proceedings  in  the  premises  as  are  provided  by 
the  general  laws  of  this  state.  The  Chief  of  Police  must,  on  request 
of  any  member  of  such  body,  detail  a police  officer  or  officers  to 
•serve  such  subpoenas. 

FIRST  ELECTIONS  UNDER  THE  CHARTER. 

Section  34.  The  first  election  after  this  charter  goes  into  effect 
shall  be  held  pursuant  to  the  provisions  hereof  on  the  first  Monday 
in  April,  A.  D.  1912;  at  which  time  the  only  officers  to  be  elected  or 
nominated  shall  be  those  named  in  this  charter.  The  second  election 
provided  for  herein  shall  be  held  pursuant  to  the  provisions  hereof 
on  the  third  Monday  in  April,  A.  D.  1912.  Said  elections  shall  in  all 
things  be  conducted  in  accordance  with  the  provisions  of  this  char- 


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ter  and  all  officers  of  the  city  under  the  former  charter  who  have 
any  duties  to  perform  in  connection  with  elections  are  hereby  directed 
to  perform  such  duties  strictly  in  accordance  with  the  provisions 
hereof  and  not  otherwise. 


CHAPTER  Ml. 

THE  MAYOR. 


CHIEF  EXECUTIVE. 

Section  35.  The  Mayor  shall  be  the  chief  magistrate  and  execm 
tive  officer  of  the  city.  He  shall  see  that  the  laws  of  the  State,  the 
provisions  of  thi^  Charter,  and  the  ordinances  of  the  City  are  ob- 
served and  enforced.  He  shall  have  general  oversight  of  the  several 
departments  of  the  city  government,  and  shall  report  to  the  Com- 
mission any  neglect,  dereliction  of  duty,  or  waste,  on  the  part  of  the 
superintendent  of  any  department,  and  take  active  steps  to  remedy 
the  same.  He  shall  have  care  that  no  advantage  is  taken  of  the 
City  and  that  all  contracts  of  the  City  are  faithfully  performed  by  all 
parties  thereto.  He  shall  take  care  that  all  other  officers  of  the 
city  perform  their  respective  duties,  and  to  that  end  may  maintain 
an  action  of  mandamus  or  other  appropriate  action  against  any 
delinquent  officer  of  the  city. 

REPORTS  TO  COUNCIL. 

Section  36.  The  Mayor  annually  or  oftener  if  requested  by  a 
majority  vote  of  the  Council,  shall  give  the  Council  information 
relative  to  the  affairs  of  the  city,  or  any  particular  thereof,  and  from 
time  to  time  shall  recommend  to  its  consideration  such  matters  as  he 
may  deem  expedient  for  the  interest  of  the  city. 

EXAMINATION  OF  BOOKS,  REPORTS,  ETC.,  OF  OFFICERS  AND 
EMPLOYES. 

Section  37.  The  Mayor  shall  employ  at  the  beginning  of  each 
fiscal  year  a certified  accountant  to  be  paid  by  the  city,  who  shall 
have  full  power  to  examine  the  books,  records  and  reports  of  all 
officers  and  employes  who  receive  or  disburse  city  moneys,  and  the 
books  records  and  reports  of  such  other  ofiicers  and  departments 
as  the  Mayor  may  direct.  Said  accountant  may  require  any  officer 
or  employee  of  the  city  to  be  sworn  and  explain  under  oath  all  matters 
relative  to  such  books,  records  and  reports.  All  officers  and  em- 
ployees of  the  city  shall  give  to  such  accountant  all  required  assist- 
ance and  information,  under  oath  or  otherwise,  as  to  all  matters  re- 
lating to  such  books,  records  and  reports  and  shall  submit  to  him 
for  examination  such  books  and  papers  as  may  be  requested.  Refusal 
or  failure  of  any  officer  or  employee  of  the  City  to  comply  with  the 
requirements  of  this  section  shall  be  sufficient  ground  for  his  re- 
moval from  such  office  or  employment. 

SUPERVISION  OF  PUBLIC  UTILITY  COMPANIES. 

Section  38.  The  Mayor  shall  be  charged  with  the  general  super- 
vision of  all  public  utility  companies  so  far  as  they  are  subject  to 
municipal  control;  he  shall  keep  himself  informed  as  to  their  com- 


CITY  OF  ST.  CLOUD,  MINN. 


13 


pliance  in  all  respects  with  the  law,  and  shall  see  that  the  terms 
and  conditions  of  all  franchises,  whether  granted  by  the  City  or 
other  authority,  are  faithfully  observed.  He  shall  cause  to  be  im 
stituted  such  actions  or  proceedings  as  may  be  necessary  to  prose- 
cute public  utility  companies  for  violations  of  law,  or  to  revoke, 
cancel  or  annul  any  franchise  granted  by  the  city  to  any  person, 
company  or  corporation  which  has  become  forfeitable  in  whole  or 
in  part,  cr  which,  for  any  reason,  is  illegal  or  void. 

MAY*  REQUIRE  ACTION  BY  CITY  ATTORNEY. 

Section  39.  The  City  Attorney  on  demand  of  the  Mayor,  must 
institute  and  prosecute  the  necessary  actions  to  enforce  the  provi- 
sions of  the  preceding  section. 

MEMBER  OF  COMMISSION. 

Section  40.  The  Mayor  shall  be  a member  of  the  Commission, 
and  have  a right  to  vote  upon  all  propositions,  matters  and  questions 
coming  before  it. 

POWERS  AND  DUTIES  PRESCRIBED  BY  ORDINANCE. 

Sestion  41.  The  Mayor  shall  exercise  such  other  powers  ancl 
perform  such  other  duties  as  may  be  prescribed  by  general  law  or 
ordinance. 

ACTING  MAYOR. 

Section  42.  During  the  absence  of  the  Mayor  from  the  city  or 
his  inability  from  any  reason  to  perform  the  duties  of  his  office, 
the  Vice  President  of  the  Commission  shall  be  styled  and  be  Acting 
Mayor.  During  such  absence  or  inability  on  the  part  of  both  the 
Mayor  and  the  Vice  President  of  the  Commission  the  remaining 
member  of  tie  Commission  shall  be  styled  and  be  Acting  Mayor. 
Such  Acting  Mayor  shall  have  all  the  powers  and  perform  all  the 
duties  of  the  Mayor,  and  all  his  acts  as  such  Acting  Mayor  shall 
have  the  same  force  and  validity  as  if  performed  by  the  Mayor. 
The  Vice  President  of  the  Commission  shall  act  as  Mayor  under  the 
name  and  style  of  Acting  Mayor  during  a vacancy  in  the  office  of 
Mayor  and  until  such  vacancy  shall  be  filled  in  manner  provided  in 
this  Charter. 

MAYOR’S  VETO. 

Section  43.  All  ordinances  and  resolutions  passed  by  the  Council 
shall,  before  they  take  effect,  be  presented  to  the  Mayor,  and  such  as 
he  shall  not  sign  he  shall  return  to  the  Council  with  his  objection 
thereto.  The  same  shall  be  left  with  the  City  Clerk  to  be  presented 
to  the  Council  at  their  next  meeting  thereafter.  Upon  the  return  of 
any  ordinance  or  resolution  by  the  Mayor,  the  vote  by  w^hich  the 
same  was  passed  shall  be  deemed  to  be  reconsidered,  and  the  ques- 
tion shall  be  again  put,  notwithstanding  the  objection  of  the  Mayor; 
and  if  upon  such  vote  the  Council  shall  pass  the  same  by  a vote  of 
four-fifths  of  all  the  members  of  the  Council,  it  shall  have  the  same 
effect  as  if  approved  by  the  Mayor;  and  in  such  case  the  vote  shall 
be  by  ayes  and  nays  which  shall  be  entered  in  the  records  of  the 
City  Clerk.  If  an  ordinance  or  resolution  shall  not  be  returned  by 


HOME  RULE  CHARTER 


14  . 


the  Mayor  within  five  days,  Sunday  excepted,  after  it  shall  have  been 
presented  to  him,  the  same  shall  have  the  same  effect  as  if  ap^ 
proved  by  him. 


CHAPTER  IV. 

THE  COMMISSION. 

THE  COMMISSION,  HOW  COMPOSED,  POWERS. 

Section  44.  The  Mayor  and  two  commissioners  after  election  and 
qualification  under  the  provisions  of  this  Charter,  shall  constitute  the 
Commission  of  the  City  of  St.  Cloud.  The  Commission  shall  be 
the  governing  body  and  exercise  all  the  executive  and  administra- 
tive powers  of  the  municipality,  including  all  powers  of  taxation  and 
appropriation,  and  subject  to  the  limitations  herein  contained  shall 
be  vested  with  full  power  and  authority  adequate  to  the  carrying 
out  of  all  the  powers  given  to  the  city  by  this  charter  and  the  gen- 
eral laws  of  the  state.  The  Commission  shall  be  the  licensing  body 
of  the  city  and  all  licenses  heretofore  considered  and  granted  or  re- 
fused by  the  Common  Council  shall  be  considered  and  granted  or 
refused  by  the  commission. 

PRESIDENT. 

Section  45.  The  Mayor  shall  he  President  of  the  Commission,  and, 
when  present,  shall  preside  at  all  its  meetings. 

VICE  PRESIDENT. 

Section  46.  The  Commission  shall  at  its  first  meeting  after  election 
elect,  from  its  body  one  to  be  Vice  President. 

MEETINGS  OF  THE  COMMISSION. 

Section  47.  The  Commission  shall  hold  regular  meetings  at  such 
times  and  places  as  they  may  determine  provided,  however,  that 
they  hold  at  least  one  regular  meeting  each  week.  The  first  regular 
meeting  after  the  election  shall  be  held  on  the  fourth  Monday  in 
April  of  such  year.  The  Mayor  or  any  two  commissioners  may  call 
a special  meeting.  At  such  special  meeting  no  business  shall  be 
transacted  other  than  that  designated  In  the  call. 

QUORUM. 

Section  48.  A majority  of  the  members  of  the  Commission  shall 
constitute  a quorum  for  the  transaction  of  business. 

RULES  ADOPTED. 

Section  49.  The  Commission  shall  establish  rules  for  its  pro- 
ceedings. 

COMMISSION  MEETINGS  PUBLIC. 

Section  50.  All  meetings  of  the  Commission  .shall  be  open  to  the 
public. 

MANNER  OF  VOTING. 

Section  51.  Upon  every  vote,  unless  it  is  unanimously  carried  or 
rejected,  the  ayes  and  nays  shall  be  called  and  recorded  and  every 


CITY  OF  ST.  CLOUD,  MINN. 


15 


motion  and  resolution  shall  be  reduced  to  writing  and  read  before 
the  vote  is  taken  thereon. 

ABSENT  MEMBERS. 

Section  52.  No  final  action  shall  be  taken  in  any  matter  concern- 
ing the  department  of  any  absent  Commissioner  unless  such  business 
has  been  made  a special  order  of  the  day,  by  action  at  a previous 
meeting,  or  unless  such  action  is  taken  at  a regular  meeting  of  the 
Commission. 

FAILURE  TO  VOTE. 

Section  53.  Any  member  of  the  Commission,  who  being  present 
when  his  name  is  called,  fails  to  vote  upon  any  then  pending  propo- 
sition, unless  excused  by  the  Mayor,  shall  be  counted  as  having 
voted  in  the  negative. 

SIGNING  JOURNAL.' 

Section  54.  It  is  hereby  made  the  duty  of  the  mayor  to  sign  the 
City  Clerk’s  record  of  the  proceedings  of  each  meeting  of  the  Com- 
mission when  said  record  has  been  approved  and  is  presented  to 
the  Mayor  for  his  signature. 

MONTHLY  STATEMENTS. 

Section  55.  The  Commission  shall  each  month  publish  a report 
of  its  proceedings,  which  shall  include  an  itemized  statement  of  all 
receipts  and  expenditures  of  the  city  during  the  preceding  month. 

CITY  PRISONS  AND  WORKHOUSES. 

Section  56.  The  Commission  shall  have  the  power  to  establish  and 
maintain  the  city  prisons  and  workhouses,  for  the  imprisonment, 
custody  and  safe-keeping  of  all  prisoners  restrained  or  charged  with 
any  offense  whatever  in  any  way  cognizable  before  a City  Justice; 
to  make  all  proper  rules  and  regulations  for  the  government  and 
management  of  such  prisons  and  workhouses;  to  appoint  keepers 
and  officers  for  same;  to  prescribe  the  duties  and  fix  the  compensa- 
tion of  the  keepers  of  said  prisons  and  workhouses,  and  said 
keepers  shall  have  all  authority  of  a jailer  at  common  law'  or  the  law's 
of  the  state. 

COMMISSION  TO  AUDIT  ACCOUNTS  OF  CITY  OFFICERS. 

Section  57.  The  Commission  shall  examine,  audit  and  adjust  the 
accounts  of  all  other  officers,  and  the  accounts  of  the  city,  at  such 
times  as  it  may  ,deem  proper;  and  also  at  the  end  of  each  year,  and 
before  the  term  for  which  the  respective  officers  w'ere  elected  or  ap- 
pointed, shall  have  expired;  and  the  Commission  shall  require  any 
and  every  officer  to  give  an  account  of  his  books  and  accounts  and 
vouchers,  for  such  examination  and  settlement.  And  if  any  such 
officer  shall  refuse  to  comply  with  the  orders  of  said  Commission  in 
the  discharge  of  his  duties  in  pursuance  of  this  section,  and  shall 
neglect  or  refuse  to  return  his  accounts,  or  present  his  books  or 
vouchers  to  said  Commission,  it  shall  be  the  duty  of  the  Commission 
to  declare  the  office  of  such  person  vacant;  and  the  Commission 
si:  all  order  suits  and  proceedings  at  law'  to  be  commenced  and 
prosecuted  against  any  officer  of  said  city  who  may  be  found  delin- 
quent or  defaulting  in  his  accounts  or  in  his  official  duties,  and  shall 


16 


HOME  RULE  CHARTER 


make  a full  record  of  all  settlements  and  adjustments,  and  neglect 
of  duty  by  any  officer  shall  be  sufficient  cause  for  his  removal  from 
office  by  the  Commission. 

COMMISSION  TO  MANAGE  CITY  PROPERTY  AND  FINANCES. 

Section  58,  The  Commission  shall  have  the  management  and  con- 
trol of  all  finances  and  all  property  of  the  city;  and  may  purchase 
any  property  deemed  proper  and  necessary  for  the  interest  and 
convenience  of  the  city  and  its  inhabitants,  and  may  sell  any  prop- 
erty of  the  city  when  deemed  for  the  interest  of  the  city  and  its 
inhabitants,  provided,  however,  said  Commission  shall  not  sell  or 
lease  or  otherwise  dispose  of  or  in  any  manner  encumber  any  water 
works  or  electric  light  plant  belonging  to  said  city  or  any  part 
thereof  necessary  for  its  proper  operation,  nor  any  water  poiwer  or 
real  estate  to  which  the  same  may  be  appurtenant,  nor  any  parks  of 
said  city  without  submitting  the  question  of  such  sale,  lease  or  en- 
cumbrance to  the  legal  voters  of  said  city  at  some  general  or  special 
election  called  for  said  purpose,  and  a majority  of  the  voters  voting 
at  such  election  shall  vote  in  favor  thereof;  nor  without  giving 
notice  twenty  days  prior  to  such  election  by  a notice  published  in 
the  official  paper  of  said  city  that  such  questions  will  be  submitted. 

POWER  TO  ACQUIRE  PRIVATE  PROPERTY. 

Section  59.  The  Commission  shall  have  power  to  acquire  by 
purchase  or  condemnation  such  private  property  as  may  be  neces- 
sary for  sites  for  public  buildings  for  the  use  of  the  city  and  all 
departments  thereof,  and  for  all  purposes  connected  with  any  de- 
partment thereof,  and  for  all  streets,  alleys,  driveways,  boulevards, 
public  squares  and  parks  in  the  city;  and  to  ascertain  and  determine 
the  value  of  such  private  property  taken  for  such  uses,  and  the 
amount  of  all  damages  occasioned  to  any  private  property  by  reason 
of  any  public  works,  structures  or  improvements  in  the  manner 
hereinafter  in  this  charter  provided. 


CHAPTER  V. 

ADMINISTRATIVE  DEPARTMENTS, 

POWERS  AND  DUTIES. 

THE  THREE  MUNICIPAL  DEPARTMENTS. 

Section  60.  The  executive  and  administrative  powers,  authority 
and  duties  of  the  City,  not  otherwise  provided  for,  shall  be  distrib- 
uted among  and  assigned  to  three  departments  as  follows: 

1.  Department  of  Public  Affairs  and  Safety. 

2.  Department  of  Streets  and  Public  Improvements. 

3.  Department  of  Finances  and  Accounts. 

COMMISSION  TO  ASSIGN  DUTIES  TO  THE  DEPARTMENTS. 

Section  61.  The  Commission  shall  determine  and  assign  the  duties 
of  the  several  departments,  subject  to  the  provisions  of  the  last 
preceding  and  the  next  following  sections;  shall  prescribe  the  powers 
and  duties  of  officers  and  employees;  may  assign  particular  officers 


CITY  OF  ST.  CLOUD,  MINN. 


17 


and  employees  to  one  or  more  departments;  may  require  an  officer 
or  employee  to  perform  duties  in  two  or  more  departments  and  may 
make  such  other  rules  and  regulations  as  may  be  necessary  or 
proper  for  the  efficient  and  economical  conduct  of  the  business  of 
the  city. 

THE  MAYOR  AND  COMMISSIONERS. 

Section  62.  The  Mayor  shall  be  superintendent  of  the  department 
of  public  affairs  and  safety,  and  the  Commission  shall,  at  the  first 
regular  meeting  after  the  election  of  its  members,  designate  by 
majority  vote  one  Commissioner  to  be  superintendent  of  the  depart- 
ment of  finances  and  accounts;  one  to  be  superintendent  of  the 
department  of  streets  and  public  improvements;  but  such  designa- 
tion may  be  changed  whenever  it  appears  that  the  public  service 
would  be  benefited  thereby.  Provided,  no  superintendent  of  any  of 
the  departments  of  the  city  shall  have  any  power  to  contract  debt, 
to  bind  the  city  or  make  any  improvement  in  said  city,  unless 
authorized  by  majority  vote  of  the  Commission. 

THE  COMMISSION  TO  ELECT  OFFICERS. 

Section  63.  The  Commission  may,  at  said  first  meeting  or  as  soon 
as  practicable  thereafter,  elect  by  a majority  vote,  the  following 
officers: 

A city  clerk,  attorney,  assessor,  engineer,  treasurer,  physician, 
chief  of  police,  chief  of  fire  department,  fire  marshal,  library  board, 
and  such  other  officers  and  assistants  as  shall  be  necessary  to  the 
proper  and  efficient  conduct  of  the  affairs  of  the  city  and  shall  by 
resolution  prescribe  their  duties.  Any  officer  or  assistant  elected 
or  appointed  by  the  Commission  may  for  sufficient  cause  be  re- 
moved from  office  at  any  time  by  a vote  of  a majority  of  the  mem- 
bers of  the  Commission.  The  Commission,  at  any  time  when  in  its 
judgment  the  interest  of  the  city  so  demands,  may  eliminate,  con- 
solidate, or  place  in  the  charge  of  one  such  officer  the  functions 
and  duties  of  two  or  more  of  such  officers. 

SUBORDINATE  OFFICERS  AND  EMPLOYEES. 

Section  64.  The  Commission  shall  have  power  from  time  to  time 
by  resolution,  to  create  and  discontinue  offices,  deputyships,  assist- 
antships  and  employments  other  than  those  prescribed  in  this 
charter,  to  provide  the  modes  of  filling  them  and  to  prescribe  the 
duties  pertaining  thereto,  according  to  its  judgment  of  the  needs  of 
the  city;  and  may  by  majority  vote  of  all  the  members  remove  any 
such  officer  or  employee,  except  as  otherwise  provided  herein;  and 
may  by  resolution  prescribe,  limit  or  change  the  compensation  of 
such  officers  or  employees. 

COMPENSATION  OF  OFFICERS  AND  EMPLOYEES. 

Section  65.  The  mayor  and  each  of  the  commissioners  shall  re- 
ceive an  annual  salary  of  fifteen  hundred  dollars  ($1500),  payable 
in  equal  monthly  installments.  The  Councilmen  shall  receive  no 
salary.  The  compensation  of  all  other  city  officers  and  employees 
shall  be  by  salary  to  be  fixed  by  the  Commission  unless  otherwise 
provided  by  law  or  this  charter.  No  officer  or  employee  shall  be 


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allowed  any  fees,  perquisites,  emoluments,  rewards  or  compensation, 
aside  from  the  salary  or  compensation  as  fixed  by  the  Commission, 
but  all  fees  received  by  him  in  connection  with  his  official  duties 
shall  be  paid  by  him  into  the  city  treasury. 

REPORTS  OP  DEPARTMENTS. 

Section  66.  Each  department  shall  annually,  on  such  date  as  may 
be  fixed  by  the  commission,  render  a full  report  on  all  the  operations 
of  such  department,  and  the  Commission  shall  provide  for  the  publi- 
cation of  the  same. 

COMMISSIONERS  TO  HOLD  NO  OTHER  OFFICE. 

Section  67.  No  member  of  the  commission  shall  hold  any  other 
municipal  office,  the  compensation  of  which  is  paid  out  of  the 
municipal  moneys;  or  be  elected  or  appointed  to  any  office  created 
or  the  compensation  of  which  is  increased  by  the  Commission  while 
he  was  a member  thereof  and  until  one  year  after  the  expiration  of 
the  terms  for  which  he  was  elected.  Provided,  however,  the  mayor 
or  any  commissioner  may  perform  the  duties  of  any  appointive 
officer  of  the  city  if  so  directed  by  resolution  of  the  Commission,  but 
in  such  case  he  shall  receive  no  compensation  therefor  in  addition 
to  his  regular  salary. 

OFFICER  CANNOT  CONTRACT  WITH  CITY. 

Section  68.  No  officer  or  employee  elected  or  appointed  to  office 
under  the  provisions  of  this  charter  shall  be  interested,  directly  or 
indirectly,  in  any  contract  or  job  for  work  or  materials,  or  the 
profits  thereof,  or  services  to  be  furnished  or  performed  for  the  city, 
unless  such  oflacer  or  employee  or  the  firm  or  corporation  in  which 
such  officers  or  employee  is  interested,  shall  be  the  lowest  bidder, 
or  one  of  the  lowest,  in  which  case  the  Commission  may  by  unani- 
mous vote  accept  the  same,  but  such  contract  or  bid  shall  be  in 
writing,  and  shall  state  explicitly  the  relation  and  interest  of  such 
official  or  employee  in  such  firm  or  corporation,  and  shall  be  pub- 
lished in  full  in  the  official  proceedings  of  the  Council,  and  no  such 
officer  or  employee  shall  be  interested,  directly  or  indirectly,  in  any 
contract  or  job  for  work  or  materials,  or  the  profits  thereof,  or 
services  to  be  furnished  or  performed  for  any  person,  firm  or  cor- 
poration operating  interurban  railway,  street  railway,  gas  works, 
water  works,  electric  light  or  power  plant,  heating  plant,  telegraph 
line,  telephone  exchange,  or  other  public  utility  within  the  terri- 
torial limits  of  the  city.  No  such  officer  or  employee  shall  accept 
or  receive  directly  or  indirectly  from  any  person,  firm  or  corporation 
operating  within  the  territorial  limits  of  the  city,  any  interurban 
railway,  street  railway,  gas  works,  water  works,  electric  light  or 
power  plant,  heating  plant,  telegraph  line,  telephone  exchange,  or 
other  business  using  or  operating  under  a public  franchise,  any 
frank,  free  ticket  or  free  service,  or  accept  or  receive,  directly  or 
indirectly,  from  any  such  person,  firm  or  corporation,  any  service 
upon  terms  more  favorable  than  is  granted  to  the  public  generally. 
Any  violation  of  the  provisions  of  this  section,  shall  be  a misde- 
meanor, and  every  such  contract  or  agreement  shall  be  void. 


CITY  OF  ST.  CLOUD,  MINN. 


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POLITICAL-RELIGIOUS  TEST. 

Section  69.  No  appointment  or  position  under  the  city  govern- 
ment shall  be  made  or  be  withheld  by  reason  of  any  religious  or 
political  opinions  or  affiliations  or  political  services,  and  no  appoint- 
ment to  or  selection  for  or  removal  from  any  office  or  employment 
and  no  transfer,  promotion,  reduction,  reward,  or  punishment  shall 
be  in  any  manner  affected  by  such  opinions,  affiliations  or  services. 


CHAPTER  VI. 

THE  COUNCIL. 

HOW  COMPOSED,  POWERS. 

Section  70.  The  five  councilmen  after  election  and  qualification 
under  the  provisions  of  this  charter  shall  constitute  the  Council  of 
the  City  of  St.  Cloud.  The  Council  shall,  subject  to  the  limitations 
herein  contained,  have  full  power  and  authority  to  make,  enact, 
ordain,  establish,  publish,  alter,  modify,  amend  and  repeal  all  such 
ordinances  and  by-laws  for  the  government  and  good  order  of  the 
city;  for  the  suppression  of  vice  and  intemperance;  for  the  preven- 
tion of  crime  and  for  the  general  welfare  of  the  city  and  the  in- 
habitants thereof,  as  they  shall  deem  expedient. 

The  enacting  clause  of  all  ordinances  shall  be  “The  Council  of  the 
City  of  St.  Cloud  do  ordain.”  The  Council  shall  have  full  power  and 
authority  to  declare  and  impose  penalties  and  punishments  against 
any  person  or  persons  or  corporations  or  associations  who  may  vio- 
late any  provision  of  any  ordinance  or  by-law  passed  or  ordained 
by  them;  and  all  such  ordinances  and  by-laws  .are  hereby  declared 
to  have  the  force  of  laws;  PROVIDED,  that  they  be  not  repugnant 
to  the  laws  of  the  United  States  or  of  this  state. 

AUTHORITY  TO  ’ INCUR  DEBT. 

Section  71.  The  Council  shall  have  no  authority  to  levy  taxes  or 
appropriate  money,  but  when  in  the  execution  of  its  proper  func- 
tions it  shall  order  anything  done  which  requires  the  expenditure 
of  money  the  city  shall  be  liable  therefor,  and  such  liability  may  be 
enforced  by  proper  suit. 

MEETINGS  OF  THE  COUNCIL.  OFFICERS. 

Section  72.  The  Council  shall  hold  meetings  at  such  times  as 
they  may  determine.  The  first  meeting  after  the  annual  election 
shall  be  on  the  fourth  Monday  in  April  of  election  year  at  which 
time  they  shall  elect  a President  and  Vice  President  who  shall  per- 
form the  duties  usually  performed  by  such  officers.  The  Mayor  or 
any  two  councilmen  may  call  a special  meeting  by  notice  to  each  of 
the  members  to  be  delivered  personally  or  left  at  their  usual  place 
of  abode.  All  meetings  shall  be  open  to  the  public.  A majority 
shall  constitute  a quorum. 

LEGISLATIVE  POWER  OF  ELECTORS. 

Section  73.  The  electons  of  the  city  shall  have  power  through  the 
initiative  and  otherwise  as  provided  in  this  Charter,  to  enact  legis- 


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lation,  to  carry  out  and  enforce  any  and  all  of  the  general  powers 
of  the  city,  and  any  and  all  of  the  specified  powers  of  the  Council; 
and  may,  in  the  manner  provided  herein  and  subject  to  the  limita- 
tions stated,  annul  ordinances  passed  by  the  Council.  Any  ordin- 
ance adopted  by  the  electors  in  pursuance  of  the  .provisions  of  this 
Charter  shall  be  paramount  while  in  force  to  the  provisions  relat- 
ing to  the  same  matter  contained  in  any  ordinance,  resolution  or 
by-law  passed  by  the  Council  on  its  own  motion  and  without  the 
approval  of  the  electors. 

MATTERS  REGULATED  OR  PROHIBITED  BY  ORDINANCE. 

Section  74.  The  Council  shall  have  full  power  by  ordinance: 

LICENSES. 

1st.  To  license  and  regulate  the  exhibitions  of  common  show- 
men and  shows  of  all  kinds,  and  the  exhibitions  of  caravans,  men- 
ageries, circuses,  concerts,  theatrical  performances,  and  all  other 
devices  and  performances  to  witness  which  a charge  is  made,  and 
also  public  halls  and  other  buildings  and  enclosures  used  for  places 
of  public  resort  and  amusement;  also  to  license  and  regulate  auc- 
tions and  auctioneers,  insurance  agencies  and  offices,  hawkers,  ped- 
dlers, pawnbrokers,  dealers  in  second-hand  goods,  junk  dealers, 
slaughter  houses,  butcher  shops,  butcher  stalls,  and  vendors  of 
butcher's  meat,  keepers  of  intelligence  or  employment  offices,  as 
well  as  all  persons  doing  the  business  of  seeking  employment  for 
others,  or  procuring  or  furnishing  employees  for  others,  tavern 
keepers,  victualing  house  keepers,  billiard,  pool,  pigeonhole  and 
other  like  tables,  nine  or  ten  pin  alleys,  bowling  saloons,  shooting 
galleries;  also  to  license,  regulate  or  prohibit  the  use  of  bill  boards 
and  signs;  also  to  license  and  regulate  canvassing  for  orders  for 
goods,  and  selling  or  contracting  for  the  sale  of  goods  by  sample, 
where  such  articles  are  thereafter  to  be  sent  or  delivered  to  the 
purchaser;  also  to  license  and  regulate  all  persons  vending,  dealing 
in,  giving  away,  or  disposing  of  spiritous,  vinous,  fermented,  malt 
or  mixed  liquors,  and  to  designate  the  places  where  and  conditions 
upon  which  any  such  liquors  may  be  sold,  and  to  prohibit  the  sale 
of  such  liquors  in  all  or  any  part  of  such  city.  Provided,  that  no 
license  for  dealing  in  such  liquors  shall  be  issued  for  less  than  the 
minimum  sum  fixed  by  the  general  laws  of  the  state,  and  that  every 
such  license  shall  terminate  on  the  first  day  of  July  next  following 
its  issuance. 

GAMBLING. 

2nd.  To  restrain  and  prohibit  all  descriptions  of  gambling  and 
fraudulent  devices  and  practices,  and  all  playing  of  cards,  dice  or 
other  games  of  chance  for  the  purpose  of  gambling  in  said  city;  ana 
to  prohibit  the  keeping  of,  and  to  authorize  the  seizure  and  destruc* 
tion  of  all  instruments  and  devices  used  for  the  purpose  of  gambling. 

DISORDERLY  PLACES  AND  CONDUCT.  SALE  OF  LIQUORS. 

3rd.  To  prevent  any  rioting,  noise,  disturbance,  disorderly, 
noisy  or  boisterous  behavior  or  conduct,  and  disorderly  assemblages 
in  said  city;  and  to  provide  for  the  arre.st  and  punishment  of  any 
person  or  persons  who  shall  be  guilty  of  the  same,  and  to  suppress 


CITY  OF  ST.  CLOUD,  MINN. 


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disorderly  houses  and  houses  of  ill  fame,  and  to  provide  for  the 
arrest  and  punishment  of  the  keepers  and  inmates  thereof;  and  to 
restrain  and  prevent  any  person  from  vending  or  dealing  in  spir- 
itous,  fermented,  malt,  vinous  or  mixed  liquors,  unless  duly  licensed 
by  the  Council;  also  to  provide  for  the  punishment  of  minors  and 
others  to  whom  the  sale  of  liquor  is  forbidden  for  obtaining  liquor 
by  falsely  representing  the  facts. 

UNHEALTHY  OR  NAUSEOUS  PLACES  OR  TRADES. 

4th.  To  compel  the  owner  or  keeper  or  occupant  of  any  gro- 
cery, stable,  barn,  privy,  sewer,  drain,  or  other  unwholesome  or 
nauseous  house,  structure  or  place,  to  cleanse,  remove  or  abate  the 
same  from  time  to  time,  as  often  as  may  be  deemed  necessary  for 
the  health,  comfort  or  convenience  of  the  inhabitants  of  said  city, 
and  to  regulate  and  prohibit  the  erection,  operation  or  maintenance 
of  any  of  the  same  in  such  parts  of  the  city  as  they  may  deem 
necessary  for  the  health  and  comfort  of  the  inhabitants  of  the  city. 

STOCK  YARDS.  SLAUGHTERING.  BREWERIES.  PAWN  SHOPS. 

EXPLOSIVES. 

5th.  To  regulate  and  prohibit  the  slaughtering  of  animals  with- 
in said  city;  to  regulate  and  control  the  location  and  mana,gement 
of  hog  pens,  poultry  yards,  stock  yards,  slaughter  houses,  markets, 
booths,  stalls,  breweries,  distilleries  and  pawnbrokers’  shops,  and 
to  establish  rates  for  the  license  vendors  of  gunpowder,  and  to 
regulate  and  control  the  storage,  keeping  and  conveying  of  gun- 
powder, gun  cotton,  dynamite  and  other  explosive  materials,  and  to 
regulate  the  use  thereof  for  blasting  and  other  purposes,  within 
said  city,  and  to  regulate  and  control  the  storage,  keeping,  dealing 
in  and  conveying  of  petroleum,  gasoline,  kerosene  and  other  ex- 
plosive or  inflammahle  oils  or  substances  within  said  city. 

INCUMBERING  OF  STREETS. 

6th.  To  regulate  or  prevent  the  incumbering  of  streets,  side- 
walks, alleys,  lanes  or  public  grounds  with  carriages,  carts,  wagons, 
sleighs,  or  other  vehicles,  boxes,  lumber,  cordwood,  poles,  awnings, 
signs,  wires,  ropes,  timber,  building  material,  buildings  or  other 
substances  whatever;  and  the  obstructing  of  the  same  in  any  man- 
ner whatever. 

RAILWAY  TRAINS.  DRIVING  IN  STREETS.  PLACES  OF 

BATHING. 

7th.  To  regulate  the  movement  and  speed  of  railway  locomo- 
tives and  cars,  bicycles,  motorcycles  and  automobiles,  within  said 
city;  to  require  the  maintenance  of  flagmen,  and  construction  and 
maintenance  of  gates  at  the  crossing  of  railway  tracks,  over  such 
streets  and  avenues  as  said  Council  may  direct;  to  regulate  or 
prohibit  the  whistling  of  locomotive  engines;  to  regulate  or  prohibit 
the  unnecessary  discharge  of  steam  therefrom  and  the  escape  of 
steam,  therefrom  unnecessarily;  and  to  require  the  use  thereon  of 
such  safety  valves  and  other  practical  appliances  as  are  designated 
for  the  purpose  of  preventing  or  lessening  the  noise  from  the  dis- 
charge or  escape  of  steam;  and  to  prevent  and  punish  horse-racing, 
immoderate  driving  or  riding  in  the  streets;  to  compel  persons  to 


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fasten  their  horses  or  other  animals  attached  to  vehicles  or  other- 
wise while  standing  in  the  street,  and  to  compel  the  use  of  sleigh 
bells  during  the  sleighing  season;  and  to  regulate  places  of  bathing 
and  swimming  in  the  waters  within  the  city  limits. 

ANIMALS  RUNNING  AT  LARGE. 

8th.  To  restrain  the  running  at  large  of  horses,  mules,  cattle, 
swine,  sheep,  poultry,  geese  or  other  animals,  and  to  authorize  the 
distaining  and  sale  of  the  same  and  to  impose  a penalty  on  the 
owner  or  keeper  of  such  animals  for  the  violation  of  the  ordinances; 
PROVIDED,  that  when  the  sale  of  such  animals  shall  be  made,  the 
proceeds  thereof,  after  deducting  the  expenses  of  distraining,  keep- 
ing, advertising  and  selling  of  such  animals,  shall  be  deposited  in 
the  office  of  the  City  Treasurer  for  the  use  and  benefit  of  the  owner 
thereof,  if  called  for  within  one  year  from  date  of  sale;  otherwise 
the  same  shall  belong  to  the  city. 

PUTRID  SUBSTANCES  ON  PREMISES. 

9th.  To  prevent  any  person  from  placing,  bringing,  burying, 
or  having  within  the  city  limits  any  putrid  carcasses  or  other  un- 
wholesome substance,  and  to  require  the  removal  of  the  same  by 
any  person  who  shall  have  upon  his  premises  any  such  substance, 
or  any  putrid  or  unsound  meat,  flesh,  or  fish,  hides,  or  skins  of  any 
kind,  and  to  authorize  the  removal  of  the  same  at  the  expense  of 
such  person  or  persons. 

POUNDS.  WATER  WORKS.  LIGHTING  WORKS. 

10th.  To  make  and  establish  pounds,  wells,  cisterns,  hydrants, 
reservoirs  and  fountains,  and  to  provide  for  and  conduct  water  into 
and  through  the  streets,  avenues,  alleys  and  public  grounds  of  the 
city;  and  to  provide  for  and  control  the  erection  of  water  works  in 
said  city  for  the  supply  of  water  for  said  city  and  its  inhabitants; 
and  to  grant  the  right  of  one  or  more  private  companies  or  cor- 
porations to  erect  and  maintain  water  works  for  such  purpose,  and 
to  authorize  and  empower  such  companies  or  corporations  to  lay 
water  pipes  and  mains  into,  through  and  under  the  streets,  avenues 
and  public  grounds  of  the  city;  and  when  necessary  for  carrying 
out  the  purpose  of  said  companies  or  corporations,  to  appropriate 
private  property  in  said  city  to  the  use  of  said  companies  or  cor- 
porations in  the  manner  provided  in  this  charter  for  the  appropria- 
tion of  private  property  for  public  use;  and  to  control  the  erection 
and  operation  of  such  water  works,  and  the  laying  of  such  pipes 
and  mains  in  accordance  with  such  terms  and  conditions  as  rnay 
have  been  heretofore  or  shall  be  hereafter  agreed  upon  between 
said  city  and  said  corporations  or  companies;  to  provide  for  and 
control  the  erection  and  operation  of  gas  works,  electric  lights,  or 
other  works  or  material  for  lighting  the  streets  and  alleys,  public 
grounds  and  buildings  of  said  city  and  supplying  light  and  power  to 
said  city  and  its  inhabitants;  and  to  grant  subject  to  ratification 
by  the  voters  of  the  city  as  hereinafter  provided,  the  right  to  erect, 
maintain  and  operate  such  works  with  all  rights  incident  or  per- 
taining thereto,  to  one  or  more  private  companies  or  corporations, 
and  to  control  the  erection  and  operation  of  such  works,  and  the 
laying  of  pipes,  mains  and  wires  into,  through  and  under  the 


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streets,  avenues,  alleys  and  public  grounds  of  said  city,  and  the 
erection  of  poles  and  mainstays;  and  the  stringing  of  wires  tbereon, 
over,  in,  upon  and  across  the  streets,  alleys  and  public  grounds;  to 
provide  for  and  control  the  erection  and  operation  of  works  for 
heating  the  public  buildings  of  said  city  by  steam,  gas  or  other 
means,  and  supplying  light,  heat  and  power  to  the  inhabitants  of 
said  city;  to  grant  subject  to  ratification  by  the  voters  of  the  city 
as  hereinafter  provided,  the  right  to  erect  such  works  and  all  im 
cident  rights  to  one  or  more  private  companies  or  corporations,  and 
to  control  and  regulate  the  erection  and  operation  of  such  works, 
and  the  laying  of  mains  into,  through  and  under  the  streets,  alleys 
and  public  grounds  of  said  city;  to  grant  subject  to  ratification  by 
the  voters  of  the  city  as  hereinafter  provided,  to  any  person  or 
persons,  corporation  or  corporations  the  right  to  occupy  and  use 
the  streets,  alleys  and  public  grounds  of  said  city  for  the  purpose 
of  maintaining,  operating  and  conducting,  any  railroad,  telegraph, 
telephone  or  street  car  line,  and  to  provide  and  regulate  the  manner 
in  which  the  said  streets,  alleys  and  public  grounds  shall  be  used, 
as  well  as  the  length  of  time  the  uses  shall  continue;  PROVIDED, 
that  the  Commission  shall  have  authority  to  regulate  and  prescribe 
the  fees  and  rates  and  charges  of  any  and  all  companies  herein- 
before mentioned, 

BOARD  OF  HEALTH.  HOSPITALS.  BURIALS. 

11th.  To  establish  a Board  of  Health;  to  provide  for  hospitals 
and  hospital  grounds  and  the  registration  of  births  and  deaths  and 
the  returns  of  bills  of  mortality,  and  to  regulate  and  prevent,  if 
deemed  expedient,  the  burial  of  the  dead  within  the  city  limits, 
and  to  provide  for  the  removal  of  any  mortal  remains  now  interred 
within  such  limits. 

INSPECTION  AND  WEIGHING  OF  PROVISIONS. 

12th.  To  regulate  the  size  and  weight  of  bread  and'  to  provide 
for  the  seizure  and  forfeiture  of  bread  baked  for  sale  contrary  there- 
to; to  regulate  the  inspection  of  flour,  pork,  beef,  salt,  fish,  whiskies 
and  other  liquors  and  provisions,  and  to  appoint  inspectors,  meas- 
urers, weighers  and  gaugers,  and  to  prescribe  and  regulate  the.r 
duties. 

DAMAGING  STREETS,  SIDEWALKS,  ETC. 

13th.  To  prevent  all  persons  riding  or  driving  any  horse,  mule 
or  ox,  or  any  other  animal  on  the  sidewalk  in  said  city,  or  m any 
way  doing  damage  to  said  sidewalks  or  to  any  curb,  gutter,  paving 
or  street  surface  in  said  city,  or  to  any  pipes,  mains,  poles,  posts, 
wires,  trees,  street  numbers,  grass  plats,  flowers  or  shrubbery  iu 
any  street,  alley  or  public  ground  in  said  city. 

FIRE  ARMS  AND  FIREWORKS. 

14th.  To  prevent  the  discharge  of  fire  arms,  fireworks,  or  fire 
crackers  in  said  city,  and  to  prevent  the  exhibition  of  any  fire 
works  in  any  situation  which  may  be  considered  by  the  Council 
dangerous  to  the  city  or  any  property  therein,  or  annoying  to  any 
inhabitant  thereof. 


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RUNNERS. 

15th.  To  license,  regulate,  and  restrain  parties,  runners,  agents, 
and  solicitors  for  boats,  vessels,  stages,  cars,  public  bouses  or  other 
establishments. 

DRUNKENNESS  AND  OBSCENITY. 

16th.  To  prevent  open  and  notorious  drunkenness,  immoderate 
drinking,  bra'wling  and  obscenity  in  the  streets,  alleys,  stores, 
saloons  and  public  places  in  the  city. 

MARKETS. 

17th.  To  establish  public  markets  and  other  public  buildings, 
and  make  rules  and  regulations  for  the  government  of  the  same, 
and  to  prevent  all  persons  from  interrupting  or  interfering  with 
the  due  observance  of  such  rules  and  regulations;  and  to  appoint 
suitable  officers  for  overseeing  and  regulating  such  markets  and 
stands. 

SHOPS  FOR  SALE  OF  MEAT,  GRAIN  AND  PROVISIONS. 

18th.  To  license  and  regulate  butcher-shops  and  stands  for  the 
sale  of  game,  poultry,  butcher’s  meats,  butter,  fish,  and  other  pro- 
visions. 

WEIGHING  AND  MEASURING  FUEL,  HAY  AND  OTHER  SUB 

STANCES. 

19th.  To  regulate  the  place  and  manner  of  weighing  and  sell- 
ing hay,  straw,  and  other  substances,  and  the  measuring,  weighing, 
and  selling  of  firewood  and  other  fuel,  and  to  appoint  suitable  per- 
sons to  superintend  and  conduct  the  same,  and  to  fix  their  com- 
pensation. 

CLEANING  SIDEWALKS  AND  LOTS  AND  DRAINING  LOW 

GROUND. 

20th.  To  compel  the  owner  or  occupant  of  buildings  or  grounds 
to  remove  all  ashes,  dirt,  rubbish  or  weeds  from  the  sidewalks, 
streets  or  alleys  opposite  thereto,  and  compel  such  owner  or  occu- 
pant to  remove  from  the  lot  owned  or  occupied  by  him  all  weeds 
and  also  all  such  substances  as  the  Board  of  Health  may  direct, 
and  in  his  default,  to  authorize  the  removal  or  destruction  thereof 
by  some  officer  of  the  city  at  the  expense  of  such  owner  or  oc- 
cupant; also  to  compel  owners  of  low  ground  where  water  is  liable 
to  collect  and  become  stagnant,  to  fill  or  drain  such  low  places; 
and  in  their  default  to  authorize  such  filling  or  draining  at  the 
expense  of  the  owner  or  owners;  PROVIDED,  that  the  Commission 
may  require  snow  and  ice  to  be  removed  as  aforesaid  throughout 
such  districts  or  parts  of  said  city  as  it  shall  direct;  and  may  make 
the  expense  of  any  such  removal  or  destruction  of  any  such  sub- 
stance which  the  Board  of  Health  may  direct  to  be  removed,  and 
the  expense  of  filling  or  draining  any  such  low  place  a lien  upon 
the  property  from  which  such  substances  are  removed,  or  on  which 
destroyed  or  on  which  said  low  grounds  are  filled  or  drained,  and 
may  make  a special  assessment  for  the  same  to  be  levied  and  col- 
lected as  in  case  of  other  special  assessments  under  this  charter. 


CITY  OF  ST.  CLOUD,  MINN. 


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PAUPERS  AND  PERSONS  EXPOSED  TO  CONTAGIOUS  DISEASES. 

21st.  To  prevent,  control  and  regulate  the  landing  of  persons 
from  boats,  vessels,  cars  or  other  conveyances  whereon  are  con- 
tagious or  infectious  diseases  or  disorders,  and  to  make  such  dispo- 
• sition  of  such  persons  as  to  preserve  the  health  of  the  city;  and 
also  to  regulate,  control  and  prevent  the  landing  of  paupers  and 
persons  in  destitute  condition  in  the  city,  not  having  a regular  set- 
tlement or  residence  therein,  and  to  require  that  such  persons  he 
taken  hack  to  the  place  from  where  they  may  have  been  brought, 
or  where  they  reside,  by  the  persons  or  corporation  bringing  or 
leaving  them  in  said  city. 

AUCTIONS. 

22nd.  To  regulate  the  time,  manner  and  place  of  holding  public 
auctions  and  vending. 

INSPECTION  OP  PROVISIONS,  MEAT  AND  LIQUORS. 

23rd.  To  regulate  the  inspection  of  wood,  hay,  flour,  pork,  beef, 
mutton,  veal,  and  all  other  kinds  of  meats,  poultry,  and  game,  tish, 
salt,  milk,  whiskies  and  other  liquors,  and  provisions,  and  to  pro- 
vide foT  the  taking  and  summarily  destroying  or  disposing  of  to 
soap  factories  to  be  used  only  as  soap  grease  any  diseased,  un- 
sound or  unhealthy  pork,  beef,  mutton,  veal,  game,  poultry,  flsh,  or 
any  other  kind  of  meat,  in  case  the  owner  does  not  at  once  so 
destroy  or  so  dispose  of  the  same,  and  to  provide  for  taking  and 
summarily  destroying  any  spoiled,  unsound  or  unhealthy  flour  or 
other  provisions. 

PLANTING  OP  SHADE  AND  ORNAMENTAL  TREES. 

24th.  To  direct  and  regulate  or  prohibit  the  planting  or  pres- 
ervation of  ornamental  trees  in  the  streets,  alleys,  public  grounds 
and  highways  of  the  city  or  any  portion  thereof. 

ABATING  NUISANCES. 

25th.  To  remove  and  abate  any  nuisance,  obstruction  or  en- 
croachment upon  the  streets,  alleys,  public  grounds  or  highways 
of  the  city. 

PRESERVATION  OP  THE  PUBLIC  HEALTH. 

26th.  To  do  all  acts  and  make  all  regulations  which  may  be 
necessary  or  expedient  for  the  preservation  of  the  public  health, 
and  the  suppression  of  disease,  and  to  make  regulations  to  prevent 
the  introduction  of  contagious  diseases  into  the  city  and  to  make 
necessary  quarantine  laws  and  enforce  them  within  the  city. 

ABATING  NUISANCES  INJURIOUS  TO  PUBLIC  HEALTH. 

27th.  To  remove,  abate  and  prohibit  any  nuisance  injurious  to 
the  public  health,  and  to  provide  for  the  punishment  of  all  persons 
who  shall  cause  or  maintain  such  nuisance. 

VAGRANTS  AND  PROSTITUTES. 

28th.  To  restrain  and  punish  vagrants,  tramps,  mendicants, 
street  beggars  and  prostitutes. 


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HITCHING  POSTS  AND  HATCHWAYS. 

29th.  To  provide  for  and  regulate  the  erection  of  hitching 
posts  and  rings  for  fastening  horses  and  other  animals,  or  to  pro- 
hibit them  in  any  part  of  the  city  at  its  discretion;  and  to  regulate 
the  construction,  opening  and  use  of  hatchways,  and  to  compel  the. 
proper  guards  about  the  same. 

NUMBERING  OF  HOUSES  AND  LOTS. 

30th.  To  provide  for  and  regulate  the  numbering  of  houses 
and  lots,  and  to  compel  the  owners  and  occupants  of  houses  or 
buildings  to  have  the  number  of  such  houses  and  buildings  desig- 
nated thereon. 

STEAM  BOILERS  AND  VEHICLES  PROPELLED  BY  STEAM. 

31st.  To  regulate  or  prohibit  the  location  or  use  of  such  steam 
boilers  as  it  may  designate  as  being  dangerous  to  life  or  property, 
or  to  prohibit  the  location  of  any  such  steam  boiler  except  when 
permission  therefore  is  first  given  by  the  Commission  specifying 
the  location  and  prescribing  the  regulations  for  its  use;  and  to 
regulate  the  propelling  by  steam,  gasoline  and  electricity  of  motors, 
traction  engines  and  oflier  vehicles  over  or  upon  the  streets  of 
said  city. 

GAS  AND  GAS  WORKS. 

32nd.  To  regulate  and  control  the  quality  and  measurements 
of  gas,  to  prescribe  and  enforce  rules  and  regulations  for  the  manu- 
facture and  sale  of  gas,  the  location  and  construction  of  gas  works, 
and  the  laying,  maintaining  and  repairing  of  gas  pipes,  mains  and 
fixtures,  to  provide  for  the  inspection  of  gas  and  gas  meters,  and  to 
appoint  an  inspector  if  needed,  and  to  prescribe  his  duties. 

PLACING  OF  ELECTRIC  AND  OTHER  WIRES. 

33rd.  To  regulate  and  control  or  prohibit  the  placing  of  poles 
therefor  and  the  suspending  of  ele’ctric  or  other  wires  along  or 
across  the  streets  of  said  city,  and  to  require  any  or  all  wires  al- 
ready placed  or  suspended  or  that  may  hereafter  be  placed  or 
suspended  either  within  limited  districts  or  throughout  the  city,  to 
be  removed  or  to  be  placed  in  such  manner  as  it  may  designate, 
beneath  the  surface  of  the  street  or  sidewalk. 

WOOD  AND  BUILDING  MATERIAL.  FACTORIES.  INFLAM- 
MABLE AND  EXPLOSIVE  SUBSTANCES. 

34th.  To  regulate  the  measurement  of  lumber,  shingles,  timber, 
stone,  lime,  cement  and  building  material;  as  designated  where 
lumber,  shingles,  lath  and  mill  wood  piles  shall  not  be  maintained, 
and  to  regulate  the  piling  of  lumber,  shingles  or  lath  in  said  city; 
and  to  require  any  person  maintaining  any  lumber,  shingles  or  lath 
pile  in  .said  city  to  remove  the  same  when  it  may  become  dangerous 
to  any  building  or  buildings  or  other  property  near  the  same;  also 
to  regulate  and  designate  where  the  following  kinds  of  business  or 
amusements  may  be  or  may  not  be  hereafter  located  or  carried  on, 
to-wit:  Wind  mills,  wood  yards,  foundries,  machine  shops,  wood- 
working shops,  tanneries,  factories,  dye  houses,  boiler  shops,  ren- 
dering houses,  glue  factories,  soap  factories,  storehouses  for  oil, 


CITY  OF  ST.  CLOUD,  MINN. 


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gunpowder,  dynamite,  petroleum  or  other  dangerous  explosives  or 
other  oils  or  substances,  storehouses  for  hides,  stables,  roller  rinks 
and  base  ball  grounds. 

DANGEROUS  BUILDINGS. 

35th.  To  remove  or  require  to  be  removed  any  buildings  which 
by  reason  of  delapidation  or  defects  in  structure  or  other  causes 
may  have  or  shall  become  dangerous  to  life  or  property,  and  to 
provide  for  the  punishment  of  ail  persons  who  shall  cause  or  main- 
tain such  nuisances.  The  expense  incurred  in  making  such  removal 
shall  be  a lien  upon  the  lot  or  parcel  of  land  on  which  such  build- 
ing was  situated,  and  may  be  assessed  and  collected  in  the  same 
manner  as  other  special  assessments. 

FIRE  ESCAPES  AND  EXTINGUISHERS. 

36th.  To  require  the  owner  or  occupant  of  any  building  or 
structure  now  or  hereafter  built  or  constructed  in  said  city  to 
place  therein  such  fire  escapes  and  such  appliances  for  protection 
against,  and  for  extinguishing  of  fires  as  it  may  direct;  and  also 
to  require  such  owner  or  occupant  to  construct,  provide  and  fur- 
nish any  building  with  means  of  egress  in  such  manner  as  it  may 
deem  necessary  and  expedient  to  lessen  the  danger  to  human  life 
in  case  of  fire  or  accident. 

WIDTH  OF  WHEEL  TIRES.  MAXIMUM  LOAD  ON  STREETS. 

37th.  To  regulate  and  designate  the  width  of  tires  on  all 
wheels  used  on  any  and  all  vehicles  used  in  said  city,  and  regulate 
the  maximum  weight  of  any  load  to  be  drawn  on  any  street  in  said 
city,  and  may  designate  upon  what  streets  heavily  loaded  vehicles 
may  be  drawn,  and  from  what  streets  the  same  shall  be  excluded. 

REMOVAL  OF  PARTIALLY  DESTROYED  BUILDINGS. 

38th.  To  require  owners  of  buildings  or  other  structures  which 
, shall  have  been  destroyed  by  fire  or  otherwise,  to  take  down  the 
same  or  any  part  thereof  to  prevent  accident,  and  in  case  of  re- 
fusal or  neglect  of  said  owner  to  take  down  the  same  when  ordered 
by  any  officer  authorized  so  to  do  by  any  ordinance  or  by  the  Com- 
mission, then  to  cause  the  same  to  be  done  at  the  expense  of  the 
owner  and  to  collect  the  cost  thereof  by  special  assessment  on  the 
land  on  which  the  same  stands. 

HACKMEN  AND  DRAYMEN. 

39th.  To  license  and  regulate  hackmen,  draymen,  expressmen 
and  all  other  persons  engaged  in  carrying  passengers,  baggage  and 
freight,  and  to  regulate  their  charges  therefor;  to  prescribe  standing 
places  at  stations  within  the  streets  where  such  hacks,  drays  or  other 
vehicles  used  for  such  carriages  may  stand  or  remain  while  waiting 
for  business  or  orders,  and  to  designate  such  standing  or  waiting 
place  of  horses  of  such  draymen,  hackmen  or  other  persons,  and  to 
prohibit  them  from  standing  or  waiting  at  any  other  place  within 
the  streets;  and  to  regulate  and  prescribe  standing  places  for  all 
vehicles  going  to  or  waiting  at  any  railroad  depot  or  station  in  said 
city  and  to  authorize  the  Mayor  and  all  police  officers  of  said  city 


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to  regulate  and  direct  the  location  of  vehicles  at  such  railroad  depot 
or  station. 

CONSTRUCTION  OF  BUILDINGS. 

40th.  To  regulate  the  construction  of  all  buRdlngs  within  the 
city;  to  prescribe  the  depth  of  cellars,  the  material  and  mode  of 
construction  and  location  of  drains  and  sewer  pipes;  the  thickness, 
material  and  construction  of  party  walls  and  outside  walls,  the 
size  and  material  or  girders,  stays,  columns,  roof,  chimney,  floor 
and  heating  apparatus;  to  regulate  the  height  and  size  of  the  build- 
ing to  be  erected;  to  regulate  the  construction  and  location  of 
privies  and  vaults  in  such  buildings;  to  prohibit  the  construction 
of  buildings  not  conforming  to  such  prescribed  standard  within  the 
whole  city  or  within  such  building  limits  as  it  may  prescribe  or 
establish,  alter  or  enlarge  from  time  to  time;  to  direct  the  sus- 
pension of  any  such  building  operation  as  shall  not  conform  with 
such  regulation;  to  provide  for  the  issuing  of  building  permits  by 
the  Commission,  and  to  prohibit  the  erection  of  any  building  without 
such  permit. 

REMOVAL  OP  GARBAGE.  PRIVIES. 

41st.  To  require  and  provide  for  the  removal  in  such  manner 
with  private  parties  or  associations  or  otherwise  throughout  the 
city,  or  in  such  streets  or  districts  as  it  may  determine,  of  any 
swill,  offal,  garbage,  ashes,  barnyard  litter,  manure,  yard  cleanings 
or  other  foul  or  unhealthy  stuff,  and  to  assess  the  expense  of  such 
removal  upon  the  property  from  which  such  above  matter  or  things 
shall  be  taken;  and  to  direct,  locate,  regulate  and  prohibit  the  con- 
struction of  privies  and  to  prescribe  the  limits  within  which  no 
privies  shall  be  constructed  unless  connected  with  public  sewers. 

RAILWAY  CROSSINGS. 

42nd.  To  compel  railroad  companies  to  grade  the  crossings  of 
streets  across  all  railways  in  the  city,  the  full  length  in  their  right 
of  way  in  said  streets,  and  to  keep  the  same  in  repair,  and  to  build 
and  maintain  suitable  sidewalks  across  the  right  of  way  in  said 
streets  for  the  accommodation  of  foot  passengers  and  to  build  and 
maintain  culverts,  drains  and  sewers  across  the  full  width  of  the 
right  of  way  in  the  streets,  alleys  and  highways  in  said  city;  and 
to  regulate  and  prohibit  any  railroad  companies,  their  servants  or 
employees  from  obstructing  the  streets  or  crossings  in  said  city. 

CHIMNEYS  AND  SMOKESTACKS.  UNSAFE  BUILDINGS. 

43rd.  To  regulate  the  construction  and  building  of  chimneys  and 
smokestacks  within  the  limits  of  the  city;  also  the  emission  of  dense 
smoke;  to  prohibit  the  erection  and  maintenance  of  any  insecure 
or  unsafe  building,  cracked  wall  or  chimney  and  the  emission  of 
dense  smoke  in  said  city,  and  to  declare  the  same  or  any  part  thereof 
to  be  a nuisance,  and  to  provide  for  their  summary  abatement. 

NUISANCES. 

44th.  To  define  and  declare  what  shall  constitute  a nuisance 
and  to  prohibit  all  persons  from  committing  or  continuing  such 
nuisance  or  suffering  the  same  to  exist,  and  to  provide  for  the  re- 


CITY  OF  ST.  CLOUD,  MINN. 


29 


moval  and  abatement  of  any  nuisance,  and  for  the  assessment  and 
collection  of  the  expense  thereof  against  the  property  upon  which  the 
same  is  located. 

CARRYING  OF  DANGEROUS  WEAPONS. 

45th.  To  license,  regulate  or  prohibit  the  carrying  or  wearing 
of  concealed,  dangerous  or  deadly  weapons,  and  to  provide  for  the 
confiscation  thereof. 

CUTTING  OF  ICE. 

46th.  To  control  and  regulate  the  cutting  of  ice  in  the  Missis- 
sippi river  or  in  Lake  George  within  the  limits  of  said  city. 

PENNING  AND  PASTURING  ANIMALS. 

47th.  To  regulate  the  penning,  herding  and  pasturing  of  ani- 
mals within  said  city. 

PLUMBING. 

48th.  To  provide  for  licensing  plumbers,  and  for  the  revocation 
of  such  licenses,  to  fix  the  fee  and  the  amount,  terms  and  conditions 
of  the  bond,  for  any  such  license,  and  the  length  of  time  such  license 
shall  remain  in  force;  to  prohibit  any  person  not  a license  plumber 
from  doing  plumbing  in  said  city;  to  prescribe  rules  and  regulations 
for  doing  plumbing,  the  materials  with  which  the  same  shall  be 
done;  to  provide  for  inspections  of  the  same,  and  for  the  issuance 
of  permits,  for  any  job  or  jobs  of  the  same,  and  to  prohibit  the 
doing  of  any  of  the  same  without  such  permit;  to  prescribe  the 
terms  and  conditions  upon  which  such  permits  may  be  issued,  the 
terms  and  conditions  to  be  contained  in  such  permit,  by  whom  the 
same  may  be  issued,  by  whom  the  same  may  be  revoked  and  what 
additional  terms  and  conditions  may  be  added  to  such  permit  by  the 
officer  issuing  the  same,  and  to  prescribe  penalties  for  the  violation 
of  any  of  the  terms  or  conditions  of  any  such  license  or  permit. 

ELECTRICIANS. 

49th.  To  provide  for  licensing  Electricians  and  for  the  revoca- 
tion of  licenses  so  granted  and  to  fix  the  fee  and  the  amount,  terms 
and  conditions  of  the  bond  for  any  such  license  and  the  length  of 
time  such  license  shall  remain  in  force;  to  prohibit  any  person  not  a 
licensed  electrician  from  hanging  or  placing  any  electric  light,  tele- 
phone, telegraph  or  messenger  service  or  power  wires  in  said  city, 
either  in  or  out  of  any  building  therein,  or  setting  up  or  putting  in 
place  any  apparatus  for  generating,  conveying  or  using  electricity 
for  light,  telephone,  telegraph,  messenger  service  or  power  pur- 
poses; to  prescribe  rules  and  regulations  for  installing  or  placing 
any  such  wiring  or  apparatus;  to  provide  for  inspecting  the  same 
and  for  issuance  of  permits  for  any  job  or  jobs  of  the  same,  and 
to  prohibit  the  doing  of  the  same  without  first  obtaining  the  ap- 
proval of  such  electrical  inspectors  as  the  Commission  may  appoint; 
to  prescribe  the  terms  and  conditions  upon  which  such  permit  may 
be  issued,  by  whom  the  same  may  be  issued,  by  whom  the 
same  may  be  revoked  and  with  the  additional  terms  and  conditions 
may  be  added  to  such  permit  by  the  officers  issuing  the  same;  and  to 


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prescribe  penalties  for  the  violation  of  any  of  the  terms  or  conditions 
of  any  such  license  or  permit. 

CIVIL  SERVICE  BOARD. 

50th.  To  establish  a Board  of  Civil  Service,  the  members  of 
which  shall  be  appointed  by  the  Commission  and  who  shall  serve 
without  compensation.  Such  Board  shall  have  power  to  make  rules 
and  regulations  to  effect  its  purpose  and  among  other  things  shall 
provide  for  the  classification  of  all  employments  in  the  administrative 
service  of  the  city  not  excepted  by  the  provisions  of  the  Charter; 
for  open,  competeitive  and  free  examinations  as  to  fitness,  for  an 
eligible  list  from  which  vacancies  shall  be  filled,  for  a period  of 
probation  before  employment  is  made  permanent,  and  for  promotion 
on  the  basis  of  merit,  experience  and  record. 

CIVIC  ART  BOARD. 

51st.  To  establish  civic  art  board,  the  members  of  which  shall 
be  appointed  by  the  Commission  and  who  shall  serve  without  com- 
pensation. 

PARK  BOARD. 

52nd.  To  establish  a park  board,  the  members  of  which  shall 
be  appointed  by  the  Commission  and  who  shall  serve  without  com- 
pensation. 

PLAYGROUND  BOARD. 

53rd.  To  establish  a play-aground  board,  the  members  of  which 
shall  be  appointed  by  the  Commission  and  who  shall  serve  without 
compensation. 

BOARD  OF  PUBLIC  CHARITIES. 

54th.  To  establish  a board  of  public  charities,  the  members  of 
which  shall  be  appointed  by  the  Commission  and  who  shall  serve 
without  compensation. 

RATIFICATION  OF  FRANCHISE. 

Section  75.  Every  grant  by  the  Council  of  any  franchise  to  use 
the  streets  and  alleys  of  the  city  by  any  person  or  corporation 
engaged  in  a public  service  business,  shall  be  submitted  to  the  voters 
of  the  city  at  a special  election  held  not  less  than  ten  days  after 
notice  in  the  usual  manner  has  been  given  of  such  election.  Not 
less  than  one  week  before  such  election,  the  city  clerk  shall  cause  to 
be  published  in  the  official  newspaper  of  the  city  a copy  of  the  or- 
dinance which  is  subject  to  ratification  at  said  election.  If  a ma- 
jority of  the  electors  voting  at  such  election,  vote  in  favor  of  such 
ratification,  said  ordinance  shall  take  effect  according  to  its  terms. 

ANNUAL  STATEMENT. 

Section  76.  Every  person  or  corporation  exercising  any  fran- 
chise to  use  the  streets  and  alleys  of  the  city,  shall  file  annually  in 
the  office  of  the  city  clerk  within  thirty  days  after  the  close  of  such 
person’s  or  corporation’s  fiscal  year,  a statement  of  the  earnings  and 
expenditures  of  such  public  service  business.  Said  statement  shall 
specify  the  amount  expended  during  the  year  under  each  of  the 
following  heads  separately:  (a)  operating  expenses  and  upkeep; 


CITY  OP  ST.  CLOUD,  MINN. 


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(b)  betterment  and  extensions;  (c)  salary  of  officers  of  the  corpora- 
tion; (d)  dividends;  (e)  interest  paid  on  indebtedness;  (f)  and 
such  other  items  as  may  be  requested  by  the  Council.  Said  state- 
ment shall  be  open  to  public  inspection.  The  franchise  of  any  cor- 
poration or  person  filing  a false  statement,  or  failing  to  file  such 
statement  as  hereinabove  is  required  within  one  month  after  the 
close  of  its  fiscal  year,  shall  lapse,  and  is  hereby  declared  forfeited. 

APPRAISERS. 

Section  77.  Preliminary  to  any  change  by  order  of  the  Commission 
in  the  fees,  rates  and  charges  of  any  public  service  business,  the 
Commission  may  create  a board  of  three  appraisers,  whose  duty  it 
shall  be  to  appraise  the  value  of  the  personal  and  real  property  of 
the  corporation  or  person  in  question  which  is  used  as  plant  or 
equipment  in  the  public  service  business,  and  to  report  said  valuation 
to  the  Commission  together  with  recommendations  as  to  what  in  the 
opinion  of  said  board  are  just,  fair  and  equitable  fees,  rates  and 
charges  for  the  services  of  such  corporation  or  person.  Said  Board 
shall  be  costituted  as  follows:  One  member  shall  be  elected  by  the 
Commission,  one  shall  be  selected  by  the  corporation  or  person  whose 
business  is  to  be  appraised,  and  the  third  shall  be  selected  by  the 
Judges  of  the  District  Court,  of  the  Districts  in  which  said  city  i» 
situated. 

CITY  MAY  PURCHASE  PLANT  OF  PUBLIC  SERVICE  CORPORA- 
TION. 

Section  78.  Said  city  at  the  end  of  any  period  of  five  years 
from  granting  of  a franchise  for  the  operation  of  any  street  railway, 
telephone,  waterworks,  gas  works,  or  any  electric  light,  heat  or 
power  works,  when  authorized  so  to  do  by  a two-thirds  majority  of 
the  votes  cast  upon  the  question,  may  acquire  and  thereafter  operate 
the  same  upon  the  paying  to  the  corporation  or  person  owning  the 
franchise  the  value  of  such  property,  to  be  ascertained  in  the  manner 
provided  by  law  for  acquiring  property  under  the  right  of  eminent 
domain,  upon  petition  of  its  governing  body.  Such  vote  shall  be 
taken  at  a special  election  called  for  that  purpose,  and  held  within 
three  months  next  preceding  the  expiration  of  said  five  year  period. 
The  consideration  of  such  works  or  property  shall  first  be  applied 
to  the  payment  of  any  incumbrance  thereon,  and  the  remainder,  if 
any,  shall  be  paid  to  the  owner  of  said  franchise. 

PENALTIES  FOR  VIOLATION  OF  ORDINANCES. 

Section  79.  The  Council  may  impose  punishm'ents  for  the  viola- 
tion of  any  ordinances  of  the  city,  or  of  any  portion  thereof,  to  the 
extent  of  a fine  of  not  exceeding  one  hundred  dollars  ($100.)  or 
imprisonment  in  the  city  prison  or  county  jail  not  exceeding  ninety 
(90)  days. 

WORKHOUSE  OFFENDERS  KEPT  AT  HARD  LABOR. 

Section  80.  The  Council  may  also  provide  by  ordinance  that  any 
one  convicted  of  an  offense  before  a City  Justice  subjecting  such 
offender  to  punishment  under  the  charter  and  ordinances  of  said  citv, 
may  be  kept  at  hard  labor  in  any  workhouse  established  or  designat- 
ed for  that  purpose,  and  in  case  of  male  offenders  may  be  kept  at 


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hard  labor  during  his  term  of  imprisonment  in  such  workhouse,  or 
upon  the  streets,  highways,  or  public  works  or  improvement  of  said 
city,  or  any  or  all  of  them;  and  may  also  provide  an  ordinance  that 
anyone  convicted  of  an  offense  before  a City  Justice,  and  committed 
upon  non-payment  of  the  fine  imposed,  may  be  kept  at  hard  labor  in 
any  workhouse  of  said  city  as  aforesaid,  or  in  case  of  male  offender 
may  be  kept  at  hard  labor  either  in  such  workhouse  or  upon  the 
public  streets,  public  works  or  improvements,  or  both,  until  such 
person  shall  work  out  such  fine  at  such  rate  of  compensation  as  the 
Council  may  prescribe  for  a tim.e  not  exceeding  the  time  for  which 
he  is  committed,  and  the  Council  shall  have  full  power  to  establish 
by  ordinance  or  otherwise,  all  useful  rules  and  regulations  for  the 
security  of  such  persons,  and  to  prevent  the  escape  of  such  persons; 
Provided,  that  unless  otherwise  ordered  by  the  Council,  the  county 
jail  of  the  county  of  Stearns  shall  be  used  as  the  city  prison  or  work- 
house  of  the  said  city;  and  it  shall  be  the  duty  of  the  Sheriff  or  Jailor 
of  said  County  to  take  into  custody  and  safely  keep  in  jail  all  persons 
committted  thereto  unless  discharged  according  to  law;  and  when 
said  jail  is  to  be  used,  the  prisoners  of  the  city  shall  be  in  custody 
of  the  Sheriff  of  said  Stearns  county,  except  while  working  on  the 
streets,  public  works  or  improvements  of  the  city  as  aforesaid,  during 
which  time  they  shall  be  under  the  control  of  the  police  force  of 
said  City;  PROVIDED  FURTHER,  that  the  police  of  said  city  are 
authorized  to  take  any  prisoner  from  said  jail  who  has  been  sentenc- 
ed to  work  upon  the  streets,  public  works  or  improvements  of  said 
city  for  the  purpose  of  carrying  such  sentence  into  effect. 

ORDINANCES  AND  BY-LAWS,  HOW  PASSED  AND  APPROVED. 

Section  81.  Ordinances  and  by-laws  shall  be  passed  by  an  af- 
firmative vote  of  a majority  of  all  the  members  of  the  Council  by 
yaes  and  nays  which  shall  be  entered  in  the  record;  every  ordinance 
shall  be  signed  by  the  President  and  published  in  the  official  paper 
of  the  city,  or  in  such  other  manner  as  the  Council  may  provide, 
before  it  shall  take  effect.  No  ordinnce  shall  be  passed  at  the  same 
meeting  of  the  Council  at  which  it  shall  have  been  presented  except 
by  the  unanimous  consent  of  all  members  present,  which  shall  be 
noted  in  the  record,  but  this  shall  not  preclude  the  passage  at  the 
meetings  at  which  they  are  introduced  of  ordinances  reported  by 
any  committee  of  the  Council  to  whom  the  subject  of  such  ordinance 
shall  have  been  referred  at  any  previous  meeting. 

ORDINANCES  AND  AFFIDAVITS  TO  BE  RECORDED. 

Section  82.  All  ordinances  after  the  same  are  approved  shall  be 
recorded  by  the  City  Clerk  in  a book  provided  for  th.at  purpose;  and 
the  affidavit  of  the  publication  thereof  shall  be  recorded  therewith; 
and  the  record  of  said  ordinance  and  affidavit  of  said  publication  shall 
at  all  times  be  deemed  and  taken  as  sufficient  evidence  of  such  ordin- 
ance and  publication. 

COURTS  TO  TAKE  JUDICIAL  NOTICE  OF  ORDINANCES. 

Section  83.  All  courts  of  this  state  shall  take  judicial  notice  of 
all  ordinances  of  said  city,  and  it  shall  not  be  necessary  to  plead  or 
prove  such  ordinance  in  any  court. 


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CITY  OF  ST.  CLOUD,  MINN. 


COUNCIL  MEETING  PUBLIC. 

Section  84.  All  meetings  of  the  Council  shall  be  open  to  the 
public. 

MANNER  OF  VOTING. 

Section  85.  Upon  every  vote^  unless  it  is  unanimously  carried  or 
rejected,  the  ayes  and  nays  shall  be  called  and  recorded  and  every 
motion,  resolution  and  ordinance  shall  be  reduced  to  writing  and  read 
before  the  vote  is  taken  thereon. 

LICENSES  HOW  REVOKED. 

Section  86.  Any  license  issued  by  authority  of  any  ordinance 
may  be  revoked  at  any  time  by  the  Mayor  or  Commission,  and  upon 
conviction  before  any  court  of  any  person  holding  such  license,  for 
a violation  of  the  provision  of  any  ordinance  relating  to  the  exietance 
of  any  right  granted  by  such  license,  the  court  may  revoke  such 
license  in  addition,  to  the  penalty  provided  by  law  or  by  ordinance 
for  any  such  violation,  and  the  second  conviction  of  any  such  viola- 
iton  shall  operate  to  revoke  such  license  without  any  further  act 
or  ceremony. 

NO  ORDINANCE  TO  LIMIT  POWER  OF  COMMISSION. 

Section  87.  Any  ordinance  limiting  the  powers  of  the  Commission 
as  in  this  Charter  set  forth  shall  be  void  and  of  no  effect. 

COMMON  COUNCIL. 

Section  88.  The  Common  Council  as  it  existed  under  the  former 
Charter  is  hereby  abolished. 


CHAPTER  VII. 

THE  INITIATIVE. 

DIRECT  LEGISLATION. 

Section  89.  Any  proposed  ordinance  may  be  submitted  to  the 
Council  by  petition  signed  by  registered  electors  of  the  city  equal 
in  number  to  the  percentage  hereinafter  required. 

PROVISIONS  OF  CHAPTER  TWO  APPLY. 

Chapter  II,  respecting  the  forms  and  conditions  of  the  petition  and 
the  mode  of  verification  and  certification  and  filing  shall  be  sub- 
stantially followed  with  such  modification  as  the  nature  of  the  case 
requires,  provided,  however,  that  no  person  shall  be  received  as  a 
petitioner  until  he  shall  have  taken  and  subscribed  an  oath  that  he 
has  read  the  proposed  ordinance  and  knows  the  contents  thereof 
and  that  in  his  opinion  the  passage  of  said  ordinance  will  be  for 
the  general  welfare  and  benefit  of  the  city. 

FIFTEEN  PER  CENT  PETITION. 

Section  91.  If  the  petition  accompanying  the  proposed  ordin- 
ance be  signed  by  electors  equal  in  number  to  fifteen  per  centum  of 
the  entire  vote  cast  for  Mayor  at  the  last  preceding  general  munici- 
pal election,  and  contain  a request  that  said  ordinance  be  submitted 


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forthwith  to  a vote  of  the  people  at  a special  election  then  the 
Council  shall  either: 

a.  Pass  said  ordinance  without  alteration  within  twenty  days 
after  the  attachment  of  the  Clerk’s  certificate  of  sufficiency  to  the 
accompanying  petition  (subject  to  a referendary  vote,  under  the 
provisions  of  this  Charter)  or, 

b.  Within  twenty-five  days  after  the  Clerk  shall  have  attached 
to  the  petition  accompanying  such  ordinance  his  certificate  of  suffici- 
ency, the  Council  shall  proceed  to  a call  a special  election  at  which 
said  ordinance  without  alteration  shall  be  submittted  to  a vote  of 
the  people. 

FIVE  PER  CENT  PETITION. 

Section  92.  If  the  petition  be  signed  by  electors  equal  in  number 
to  at  least  five,  but  less  than  fifteen  per  centum  of  the  entire  vote 
cast  for  Mayor  at  the  last  preceding  general  municipal  election,  and 
said  ordinance  be  not  passed  by  the  Council  as  provided  in  the  pre- 
ceding subdivision,  then  such  ordinance,  without  alteration,  shall  be 
submitted  by  the  Council  to  a vote  of  the  people  at  the  next  general 
municipal  election  that  shall  occur  at  any  time  after  twenty  days 
from  the  date  of  the  Clerk’s  certificate  of  sufficiency  attached  to 
the  petition  accompanying  such  ordinance. 

PUBLICATION  OF  POPULAR  ORDINANCE. 

Section  93.  Whenever  any  ordinance  or  proposition*  is  required 
by  this  chapter  to  be  submitted  to  the  voters  of  the  City  at  any 
election  either  (a)  the  Council  shall  cause  the  ordinance  or  proposi- 
tion to  be  printed  and  it  shall  be  the  duty  of  the  Clerk  to  enclose 
a printed  copy  thereof,  in  an  envelope  with  a sample  ballot  and  mail 
the  same  to  each  voter,  at  least  three  days  prior  to  the  election,  or, 
(b)  the  Council  may  order  such  ordinance  or  proposition  to  be  printed 
in  the  official  newspaper  of  the  city  and  publication  in  like  manner 
as  ordinances  adopted  by  the  Council  are  required  to  be  published, 
and  may  order  that  such  publication  shall  take  the  place  of  the  print- 
ing and  mailing  of  the  ordinance  or  proposition  and  of  the  sample 
ballots  as  first  above  provided. 

ELECTION. 

Section  94.  The  ballots  used  when  voting  upon  sueh  proposed 
ordinances  shall  contain  the  words  “For  the  Ordinance,”  (setting 
forth  in  full  the  title  thereof  and  stating  the  general  nature  of  the 
proposed  ordinance),  and  “Against  the  Ordinance.”  (setting  forth  in 
full  the  title  thereof  and  stating  the  general  nature  of  the  proposed 
ordinance).  If  a majority  of  the  qualified  electors  voting  on  said 
proposed  ordinance  shall  vote  in  favor  thereof,  such  ordinance  shall 
thereupon  become  a valid  and  binding  ordinance  of  the  City. 

SEVERAL  ORDINANCES  AT  ONE  ELECTION. 

Section  95.  Any  number  of  proposed  ordinances  may  be  voted 
upon  at  the  same  election,  in  accordance  with  the  provisions  of  this 
article. 

LIMIT  OF  SPECIAL  ELECTIONS. 

Section  96.  There  shall  not  be  held  under  this  article  of  the 
Charter  more  than  one  special  election  in  any  period  of  six  months. 


CITY  OF  ST.  CLOUD,  MINN. 


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REPEAL  OF  POPULAR  ORDINANCE. 

Section  97.  The  Council  may  submit  a proposition  for  the  re- 
peal of  any  such  ordinances  or  for  amendments  thereto  to  be  voted 
upon  at  any  succeeding  general  municipal  election;  and  should  such 
proposition  so  submitted,  receive  a niajority  of  the  votes  cast  thereon 
at  such  election,  such  ordinance  shall  be  repealed  or  amended  accord- 
ingly. An  ordinance  propo&ed  by  petition,  or  adopted  by  a vote  of 
the  people,  cannot  be  repealed  or  amended  except  by  a vote  of  the 
people. 

FURTHER  REGULATIONS. 

Section  98.  The  Council  may,  by  ordinance,  make  such  further 
regulations  as  may  be  necessary  to  carry  out  the  provisions  of  this 
section  and  to  adapt  the  provisions  of  Chapter  II.  thereto. 


CHAPTER  VIII. 

THE  REFERENDUM. 

MODE  OF  PROTESTING  AGAINST  ORDINANCES. 

Section  99.  No  ordinance  passed  by  the  Council  shall  go  into 
effect  before  thirty  days  from  the  time  of  its  final  passage  except 
when  otherwise  required  by  the  general  laws  of  the  State  or  by  the 
provisions  of  this  Charter,  except  an  ordinance  for  the  immediate 
preservation  of  the  public  peace,  health  or  safety,  which  contains  a 
statement  of  its  urgency,  and  is  passed  by  the  unanimous  vote  of 
the  Council;  provided,  that  no  grant  of  any  franchise  shall  be  con- 
strued to  be  an  urgency  measure,  but  all  franchises  shall  be  sub- 
ject to  the  referendum  vote  herein  provided.  If,  during  said  thirty 
days,  a petition  signed  by  qualified  electors  of  the  City  equal  in  num- 
ber to  at  least  ten  per  centum  of  the  entire  vote  cast  for  Mayor  at 
the  last  proceeding  general  municipal  election,  protesting  against 
the  passage  of  such  ordinance,  be  presented  to  the  Council,  the  same 
shall  thereupon  be  suspended  from  going  into  operation,  and  it  shall 
he  the  duty  of  the  Council  to  reconsider  euch  ordinance  and  if  the 
same  be  not  entirely  repealed,  the  Council  shall  submit  the  ordinance, 
as  is  provided  in  Chapter  VII.  of  this  Charter,  to  the  vote  of  the 
electors  of  the  City,  either  at  the  next  general  municipal  election  or 
at  a special  election  to  be  called  for  that  purpose,  and  such  ordinance 
shall  not  go  into  effect  or  become  operative  unless  a majority  of  the 
qualified  electors  voting  on  the  same  shall  vote  in  favor  thereof. 
The  provisions  of  Chapter  II.,  respecting  the  forms  and  conditions  of 
the  petition  and  the  mode  of  verification  and  certification  and  filing 
shall  be  substantially  followed,  with  such  modifications  as  the  nature 
of  the  case  requires,  provided,  however,  that  no  person  shall  be  re- 
ceived as  a petition-er  until  he  shall  have  taken  and  subscribed  an 
oath  that  he  has  read  the  ordinance  under  consideration  and  knows 
the  contents  thereof  and  that  in  his  opinion  the  adoption  of  said 
rodinance  will  not  be  for  the  general  welfare  and  benefit  of  the  City. 

KEFERENCE  OF  MEASURES  TO  POPULAR  VOTE. 

Section  100.  Any  ordinance  or  measure  thac  the  Council  or  the 
qualified  electors  of  the  City  shall  have  authority  to  enact,  the 


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Council  may,  of  its  own  motion,  submit  to  the  electors  for  adoption 
or  rejection  at  a general  or  special  municipal  election,  in  the  same 
manner  and  with  the  same  force  and  effect  as  is  provided  in  this 
Charter  for  ordinances  or  measures  submitted  on  petition.  At  any 
special  election  called  under  the  provisions  of  this  Charter,  there 
hsall  be  no  bar  to  the  submission  of  other  questions  to  a vote  of  the 
electors  in  addition  to  the  ordinances  or  measures  herein  provided  for, 
if  said  other  questions  are  such  as  may  legally  be  submitted  at  such 
election.  If  the  provisions  of  two  or  more  measures  approved  or 
adopted  at  the  same  election  conflict  then  the  measures  receiving 
the  highest  affirmative  vote  shall  control. 

FURTHER  REGULATIONS. 

Section  101.  The  Council  may  by  ordinance,  make  such  further 
regulations  as  may  be  necessary  to  carry  out  the  provisions  of  this 
article  and  to  adapt  the  provisions  of  Chapter  II.  thereto. 


chapter  IX 

RECALL  OF  ELECTIVE  OFFICERS. 

APPLIES  TO  ALL  ELECTIVE  OFFICERS. 

Section  102.  Every  incumbent  of  an  elective  office,  whether 
elected  by  popular  vote  or  appointed  to  fill  a vacancy,  is  subject  to 
recall  by  the  voters  of  the  City.  The  procedure  to  effect  such  re- 
moval from  office  shall  he  as  follows: 

PETITION  FOR  RECALL. 

Section  103.  A petition  signed  by  qualified  electors  equal  in 
number  to  twenty  per  centum  of  the  entire  vote  cast  for  Mayor  at 
the  last  preceding  general  municipal  election  demanding  an  election 
of  a successor  of  the  officers  sought  to  be  removed,  shall  be  address- 
ed to  the  Council  and  presented  to  the  City  Clerk.  The  petition 
must  contain  a statement  of  the  reasons  for  the  demand. 

PROVISIONS  OF  CHAPTER  II.  APPLY. 

Section  104.  The  provisions  of  Chapter  II.  respecting  the  forms 
and  conditions  of  the  petition  and  filing  shall  be  substantially  follow 
ed,  with  modifications  as  the  nature  of  the  case  requires. 

ELECTION  UNDER  RECALL  PETITION. 

Section  105.  If  the  officer  sought  to  be  removed  shall  not  resign 
within  five  days  after  the  petition  is  filed  by  the  City  Clerk,  the  Com- 
mission  shall  cause  a special  election  to  be  held  not  less  than  thirty 
days  or  more  than  forty  days  from  date  of  the  filing  of  such  petition 
by  the  City  Clerk  to  determine  whether  the  people  will  recall  said 
ofiScers,  or,  if  a general  election  is  to  occur  within  sixty  days,  the 
Commission  may,  in  its  discretion,  postpone  the  holding  of  such 
election  to  such  general  municipal  election. 

GROUND  OF  RECALL.  OFFICER’S  JUSTIFICATION. 

Section  106.  In  the  published  call  for  the  election  there  shall 
be  printed  in  not  more  than  two  hundred  words  the  reason  for  de- 


CITY  OF  ST.  CLOUD,  MINN. 


37 


manding  the  recall  of  the  officers  as  set  forth  in  the  recall  petition, 
and  in  not  more  than  two  hundred  words  the  officer  may  justify  his 
course  in  office. 

CANDIDATES  ELECTION. 

Section  107.  The  officer  sought  to  be  removed  shall  be  deemed 
a candidate  and,  unless  he  resigns,  his  name  shall  be  printed  on  the 
ballot.  The  nomination  of  other  candidates  and  the  election  shall  be 
in  accordance  with  the  provisions  of  Chapter  II. 

INCUMBENT  REMOVED. 

Section  108.  The  officer  sought  to  be  removed  shall,  if  he  does  not 
resign,  continue  to  perform  the  duties  of  his  office  until  the  election 
and  if  he  fail  of  election,  he  shall  be  deemed  removed  from  office. 

NQ  RECALL  PETITION  FOR  FIRST  SIX  MONTHS. 

Section  109.  No  recall  petition  shall  be  filed  against  any  officer 
until  he  has  actually  held  his  office  for  at  least  six  months. 

INCAPACITY  OF  RECALLED  OFFICIAL. 

Section  110.  No  person  who  has  been  recalled  from  an  elective 
office,  or  who  has  resigned  from  such  office  while  proceedings  were 
pending  against  him  shall  be  appointed  to  any  office  within  one  year 
after  such  recall  or  resignation. 

further  regulations. 

Section  111.  The  Council  may,  by  ordinance,  make  such  further 
regulations  as  may  be  necessary  to  carry  out  the  provisions  of  this 
Chapter,  and  to  adapt  the  provisions  of  Chapter  II.  thereto. 


CHAPTER  X. 

TAXES  AND  FINANCES. 

FISCAL  YEAR,  WHEN  TO  COMMENCE. 

Section  112.  The  Commission  may  determine  the  time  of  the 
commencement  of  the  fiscal  year  of  said'  city,  and  until  otherwise 
determined  such  fiscal  year  shall  commence  on  the  first  day  of  May 
of  each  year. 

PROPERTY  SUBJECT  TO  TAXATION. 

Section  113.  All  property  in  the  City  of  St.  Cloud,  taxable  un- 
der the  laws  of  the  State,  shall  be  subject  to  taxation  for  the  sup- 
port of  the  City  government  and  the  payment  of  its  debts  and  liabili- 
ties, and  the  same  shall  be  assessed  as  provided  for  by  law,  and 
this  Charter. 

There  shall  be  maintained  in  the  city  treasury  the  following 
funds,  and  the  Commission  may  levy  an  annual  tax  upon  all  taxable 
property  in  the  city  for  the  support  of  such  funds  and  the  purposes 
following,  that  is  to  say: 

First:  An  interest  fund,  for  which  there  shall  be  levied  a sum 

sufficient  to  provide  for  the  payment  of  the  interest  to  become  due 
during  the  next  fiscal  year,  upon  the  indebtedness  of  the  city.  Out  of 
such  fund  interest  only  shall  be  paid. 


38 


HOME  RULE  CHARTER 


Second:  A sinking  fund  shall  provide  for  the  payment  when 

due  of  bonde  or  other  funded  debt  of  the  city.  For  the  maintenance 
of  this  fund  there  shall  be  levied  an  annual  tax  not  to  exceed  five 
mills  on  the  dollar  of  the  assessed  valuation  of  all  taxable  property 
in  the  city.  This  fund  shall  be  applied  only  to  the  payment  of  the 
principal  of  bond  issued  by  the  city.  There  shall  also  be  assigned 
and  placed  in  the  sinking  fund  five  per  cent  of  all  license  fees  and 
fines  collected  by  the  city. 

Third:  A fire  department  fund  to  provide  for  the  maintenance  of 

the  fire  department. 

Fourth : A police  department  fund,  to  provide  for  the  mainten- 

ance of  the  police  department,  and  the  care  and  custody  of  prisoners 
in  its  custody. 

Fifth:  A lig:ht  fund  to  provide  for  the  lighting  of  said  city  and 

the  public  buildings  thereof,  whether  the  same  be  done  by  the  city  or 
by  indivduals  or  corporatons. 

Sixth:  A water  fund  to  provide  for  hydrant  rentals,  and  water 

used  for  sprinkling,  in  public  buildings,  and  other  municipal  pur- 
poses, whether  the  same  be  furnished  by  the  city  or  by  the  individ- 
uals or  corporations. 

Seventh:  A road  and  bridge  fund,  to  provide  for  the  enigineering 

department,  the  cleaning  and  repairing  of  streets,  sewers  and  side- 
walks, cross-walks  and  bridges. 

Eighth;  A health  department  fund,  to  provide  for  the  support 
of  the  health  department. 

Ninth:  A Justice  Court  fund  to  provide  for  the  support  of  the 

Justice  Courts. 

Tenth:  A salary  fund,  to  provide  for  the  payment  of  the  salaries 
of  the  city  officers,  and  of  clerk  hire  not  otherwise  provided  for,  but 
which  may  be  authorized  by  law. 

Eleventh:  A printing  and  supply  fund,  to  provide  for  printing 

and  supplies  for  all  departments  of  the  city,  not  provided  for  by  any 
other  fund  mentioned  in  this  chapter. 

Twelfth:  A library  fund,  to  provide  for  the  support  of  the  public 

library. 

Thirteenth:  A park  fund,  to  provide  for  the  purchase  and  main- 

tenance of  public  parks.  There  shall  be  paid  out  of  said  fund  all  sal- 
aries and  expenses  incurred  by  the  Commission  on  account  of  parks 
or  parkways  and  in  the  operation  and  maintenance  of  the  park  sys- 
tem of  the  city,  and  also  the  cost  of  acquiring,  laying  out,  extending 
or  improving  any  park  or  parkway,  or  planting  and  caring  for  trees. 

Fourteenth:  A water-works  and  light-plant  fund  to  provide  for 

the  support  and  maintenance  of  any  plant  owned  or  operated  by  the 
City  for  furnishing  to  the  city  or  its  inhabitants,  water  or  light,  and 
of  paying  the  costs  of  the  purchase,  construction,  extension,  operation, 
maintenance  and  repair  of  such  water  and  light  plant. 

This  fund  shall  not  be  maintained  by  taxation,  but  there  shall 
be  paid  into  it  all  moneys  derived  from  the  sale  of  any  property  ac- 
quired for  or  used  in  connection  with  any  water  and  light  plant  of  the 
City;  also  the  proceeds  of  all  special  assessments  levied  on  account 
of  or  in  connection  with  euch  water  and  light  plant,  also  such  amounts 
as  may  from  time  to  time,  be  realized  from  the  sale  of  bonds  issued 
on  account  of  said  plant;  and  also  all  moneys  received  from  the  sale 


CITY  OF  ST.  CLOUD,  MINN. 


39 


of  said  plant,  including  water  and  light,  rentals  and  penalties.  The 
surplus  in  this  fund  at  the  close  of  each  fiscal  year,  may,  if  the  Com- 
mission elect,  be  paid  into  the  sinking  fund. 

Fifteenth:  A permanent  improvement  fund,  for  the  purpose  of 

paying  the  cost  of  all  real  property,  and  all  rights  therein,  and  all 
improvements  thereon,  which  the  city  shall  acquire  for  its  various 
purposes,  and  the  payment  for  which  is  not  otherwise  provided  for 
out  of  other  funds,  and  also  for  the  purpose  of  paying  such  portions 
of  the  expenses  of  local  improvements  as  shall  devolve  upon  the  said 
city.  There  shall  also  be  paid  into  this  fund  all  moneys  received 
from  the  sale  of  any  permanent  improvements  or  property  of  the 
city,  not  otherwise  disposed  of  under  this  Charter,  and  a^st  such 
amounts  as  may  from  time  to  time  be  realized  from  the  sale  of  bonds 
issued  on  account  of  this  fund. 

Sixteenth:  A general  fund,  to  provide  for  all  current  and  inci- 

dental expenses  of  and  judgments  against'  the  city  not  otherwise 
provided  for,  and  such  other  disbursements  as  may  be  authorized 
by  law.  There  shall  be  paid  into  this  fund  all  moneys  received  from 
any  source  save  when  received  for  a specified  use  and  purpose. 

Seventeenth:  A permanent  improvement  revolving  fund  for  the 

purpose  of  providing  moneys  for  paying  for  that  portion  of  local  im- 
provements, under  the  provisions  of  this  Charter,  for  which  assess- 
ments may  be  levied,  but  it  shall  not  be  supported  by  taxation.  There 
shall  be  paid  into  it  all  moneys  received  from  all  special  assessments 
levied  under  this  Charter  for  local  improvements,  and  also  such 
amount  as  may  be  realized  from  the  sale  of  bonds,  warrants  or  cer- 
tificates authorized  therefor  in  this  Charter. 

Provided,  that  nothing  contained  herein  shall  prevent  the  Com- 
mission from  borrowing  from  the  general  fund  to  aid  and  help  any 
other  fund  at  such  time  as  in  its  judgment  public  necessities  re- 
quire, but  the  Commission  shall  have  no  power  to  borrow  from  any 
fund  except  the  general  fund.  If  any  sum  is  borrowed  from  the  gen- 
eral fund,  as  aforesaid,  it  shall  be  returned  not  later  than  the  next 
fiscal  year. 

Moneys  (1)  in  the  city  treasury  at  the  time  this  Charter  goes 
into  effect,  (2)  to  be  collected  from  taxes  levied  before  this  Charter 
goes  into  effect  shall  so  far  as  practicable  be  divided  among  the 
several  funds  hereby  established,  and  where  such  sub-division  is  not 
practicable,  shall  be  kept  in  the  general  fund.  The  Commission  by 
resolution  shall  provide  for  such  sub-division  in  accordance  with 
the  directions  herein  contained. 

Where,  prior  to  the  time  that  this  Charter  goes  into  effect  an 
assessment  has  been  levied  to  cover  the  cost  of  a local  improve- 
ment, which  improvement  has  not  at  said  time  been  paid  for,  the 
proceeds  of  such  assessment  shall  be  paid  into  the  permanent  im- 
provement revolving  fund,  and  the  cost  of  said  Improvement  shall 
be  paid  out  of  said  fund. 

From  the  general  fund  the  Commission  may  in  any  year  by  res- 
olution appropriate  a sum  not  to  exceed  one  thousand  five  hundred 
dollars  for  contingent  expenses  incurred  or  to  be  incurred  by  the 
Mayor  for  the  general  welfare  of  the  city  and  its  people.  The  Mayor 
shall  report  the  use  to  which  this  fund  is  put  at  the  end  of  every 
three  months. 


40  HOME  RULE  CHARTER 


TAXES  LEVIED  BY  RESOLUTION,  FORM. 

Section  114.  All  taxes  shall  be  levied  by  resolution  of  the  Com- 
mission, and  no  tax  shall  be  invalid  by  reason  of  any  informality  in 
the  manner  of  levying  the  same,  nor  because  the  amount  levied  shall 
exceed  the  amount  required  to  be  raised  for  the  purpose  for  which 
the  same  is  levied;  but  in  such  case  the  surplus  shall  go  into  the 
fund  to  which  such  tax  belongs,  and  may  be  applied  to  the  future 
use  of  such  fund. 

RULES  GOVERNING  ASSESSMENTS. 

Section  115.  In  ail  respects  not  herein  expressly  provided  for, 
the  City  Assessor  and  his  deputies  shall,  in  making  assessments,  be 
governed  by  the  rules,  both  in  respect  to  the  property  to  be  listed 
and  assessed,  and  the  manner  of  listing  and  assessing  the  same, 
which  are  or  may  be  prescribed  by  the  general  laws  of  the  stale 
for  the  government  of  assessors.  The  assessment  shall  be  completed 
as  soon  as  may  be  after  the  first  day  of  May  and  shall  be  returned 
to  the  Commission  on  or  be  fore  the  fourth  Monday  of  July  of  each 
year. 

BOARD  OF  EQUALIZATION. 

Section  116.  The  Commission  shall  constitute  a City  'Board  of 
Equalization,  who  shall  be  sworn  according  to  law-  as  such  Board 
and  shall  meet  in  the  Commissioner’s  room  in  said  city  on  the  fourth 
Monday  of  July  of  every  year,  for  the  purpose  of  reviewing  the  as- 
sessment, and  shall  alter,  revise,  amend  and  equalize  said  assessment 
as  they  deem  just  and  proper.  It  shall  be  the  duty  of  the  City  As- 
sessor to  be  present  at  all  meetings  of  said  Board  of  Equalization  for 
the  purpose  of  presenting  to  the  Board  all  facts  relating  to  the  as- 
sessment. Such  Board  of  Equalization  is  vested  with  and  shall  per- 
form all  the  powers  and  duties  which  are  or  may  be  vested  in  or  im- 
posed upon  either  town  or  county  boards  of  equalization,  under  the 
general  laws  of  the  state,  so  far  as  applicable,  but  shall  not  be  re- 
stricted by  any  limitation  in  respect  to  reducing  aggregate  sums  of 
real  or  personal  property,  as  returned  by  the  assessor,  and  may  raise 
the  valuation  of  any  real  lestafe  without  notice  to  the  owner;  said 
assessment  so  equalized  shall  be  subject  to  review  only  by  the  State 
Board  of  Equalization. 

BOARD  OF  EQUALIZATION.  ADJOURNMENTS.  CLERK.  HEAR- 
ING BEFORE. 

Section  117.  Said  Board  of  Equalization  may  sit  from  day  to  day, 
or  adjourn  from  time  to  time,  as  it  shall  deem  proper,  until  it  shall 
have  completed  the  equalization  of  such  assessments.  The  City 
Clerk  shall  be  ex-ofRcio  clerk  of  said  board.  Every  person  aggrieved 
by  an  assessment  shall  have  the  right  to  appear  before  such  Board 
and  present  his  grievance  for  its  consideration.  It  shall  be  the  duty 
of  the  City  Attorney  to  attend  the  hearing  of  such  grievances  before 
said  Board  and  whenever  it  appears  that  any  property  is  listed  or  as- 
sessed at  less  than  its  true  value,  to  call  the  attention  of  the  Board 
to  such  undervaluation  and  to  make  application  in  behalf  of  the  city 
for  the  correction  of  the  same. 

ASSESSMENT  ROLL  FOR  EACH  COUNTY.  AUTHENTICATION. 

Section  118.  The  assessor  shall  make  a separate  assessment 


CITY  OF  ST.  CLOUD,  MINN, 


41 


roll  for  each  county  within  which  portions  of  said  city  may  lie,  of 
the  property  to  be  assessed  by  him  and  taxable  in  such  county.  When 
the  assessment  rolls  shall  be  revised  by  the  Board  of  Equalization 
and  the  proper  corrections  made  therein,  the  several  rolls  shall  be 
returned  to  the  Auditors  of  the  respective  counties  in  which  the 
property  listed  therein  is  taxable,  as  other  assessment  rolls.  After 
such  equalization  the  City  Clerk  shall  attach  to  such  assessment  roll 
a certificate  which  may  be  substantially  in  the  following  form: 

I hereby  certify  that  the  assessments  in  the  assessment  roll  to 
which  this  certificate  is  attached  have  been  equalized  by  the  Board 
of  Equalization  of  the  City  of  St.  Cloud,  and  appear  therein  as  so 
equalized  by  said  board. 

Dated 


City  Clerk. 

Such  equalization  shall  require  no  further  authentication. 

ANNUAL  BUDGET. 

Section  119.  The  Commission  shall  meet  annually  in  the  month 
of  September  prior  to  the  tax  levy  and  make  a budget  of  the  estimated 
amounts  required  to  pay  the  expenses  of  conducting  the  business  of 
the  city  for  the  next  ensuing  fiscal  year. 

TAXES.  STATEMENT  OF  TRANSMITTED  TO  COUNTY  AUDI- 
TORS. HOW  COLLECTED  AND  PAID  OVER. 

Section  120.  The  Commission  shall  cause  to  be  transmitted  to 
the  respective  County  Auditors  of  the  several  counties  in  which 
portions  of  the  city  may  lie,  on  or  before  the  third  Monday  of  October 
of  each  year  a statement  of  all  taxee  by  them  levied,  except  as  other- 
wise provided  in  this  charter,  and  such  taxes  as  well  as  all  as- 
sessments for  local  improvements,  statements  of  which  shall  be  there* 
with  transmitted  to  euch  Auditors  as  provided  in  chapter  eleven  of 
this  Charter,  shall  be  collected  and  the  payment  thereof  enforced 
with,  and  in  like  manner  as,  state  and  county  taxes  are  paid  and 
the  payment  thereof  enforced;  and  the  several  County  Treasurers  of 
said  counties  shall  pay  over  all  city  taxes  by  them  collected,  together 
with  all  penalties  and  interest  which  shall  be  collected  on  account 
of  the  same  to  the  Treasurer  of  the  City  of  St.  Cloud  at  the  times 
provided  by  law  in  case  of  town  taxes;  and  in  the  several  settle- 
ments of  the  funds  to  be  paid  over  as  provided  by  general  law,  said 
County  Treasurer  shall  account  for  and  pay  over  to  the  City  Treas- 
urer such  portion  of  the  interest  paid  by  bankers  with  whom  said 
funds  of  said  county  are  deposited,  as  may  have  accrued  upon  funds 
arising  from  city  taxes  and  assessments  so  deposited  with  such, 
county  funds,  or  as  part  thereof. 

COUNTY  TREASURER  TO  ADVANCE  MONEY  TO  CITY.  WHEN. 

Section  121.  Whenever  previous  to  any  of  the  settlements  pro- 
vided for  by  law  there  shall  be  a lack  of  funds  in  the  city  treasury 
for  any  purpose,  and  there  shall  be  funds  in  any  county  treasury 
for  any  purpose  collected  on  account  of  city  taxes  or  assessments, 
such  County  Treasurer  shall  on  application  of  said  City  Tre  isurer 
advance  and  pay  over  such  sums  as  shall  be  estimated  to  be  the 


42 


HOME  RULE  CHARTER 


amount  collected  on  account  of  such  city  taxes  and  assessments  and 
such  advances  shall  be  accounted  for  and  adjusted  at  the  next  reg- 
ular settlement  with  the  city.  The  City  Treasurer  shall  also  forth- 
with after  such  settlements,  adjust  and  apportion  the  funds  so  ad- 
vanced among  the  several  city  funds. 

STATEMENTS  OF  TAXES  COLLECTED,  ABATED  AND  DELIN- 
QUENT. 

Section  122.  It  shall  be  the  duty  of  the  respective  County  Audi- 
tors of  the  several  counties  in  which  portions  of  said  city  shall  he, 
to  make  out  and  transmit  to  the  City  Clerk  of  said  city  on  or  before 
the  first  day  of  December  of  each  year,  a statement  showing  the 
exact  amount  of  taxes  levied  on  account  of  the  several  funds  of 
said  city  according  to  the  tax  lists  made  out  by  said  auditors;  and 
at  the  same  time  to  make  out  and  transmit  to  said  clerk  a statement 
of  all  abatements,  corrections  or  additions  to  said  tax  lists,  and  of 
all  amounts  of  all  taxes  cancelled  as  uncollectable  within  the  year 
next  preceding,  and  the  several  accounts  of  such  changes  affecting 
each  of  said  several  funds;  and  also  a further  statement  of  the 
amount  of  taxes  delinquent  and  outstanding  applicable  to  said  sev- 
eral funds.  Each  of  said  auditors  shall  also  at  the  time  of  making 
settlement  with  the  County  Treasurer  required  by  law,  furnish  said 
clerk  with  a certified  statement  of  the  several  amounts  collected  by 
said  County  Treasurer  on  account  of  each  of  said  several  funds  as 
shown  by  said  settlement. 

SEPARATE  ACCOUNT  TO  BE  KEPT  FOR  EACH  FUND. 

Section  123.  The  City  Clerk  and  Treasurer  shall  each,  as  soon  as 
the  tax  estimate  is  made  in  each  year,  open  and  keep  in  his  book 
separate  and  distinct  accounts  for  each  of  the  several  divisions  of 
taxes  shown  in  the  tax  estimate  of  the  then  current  year;  and  in 
making  any  tax  estimate  for  expenditures  and  in  making  any  levy, 
the  Commission  ehall  itemize  the  same,  so  as  to  show  separately  the 
amount  to  be  collected  from  taxes  for  each  fund,  as  said  funds  are 
designated  in  section. 

It  shall  be  the  duty  of  the  treasurer  to  keep  a complete,  accurate 
and  separate  account  of  each  and  all  of  the  separate  funds  embraced 
in  sub-divisions  one  to  seventeen,  inclusive  of  section  113,  which 
shall  accurately  ehow  at  all  times  the  amount  of  money  received  by 
him  for  the  credit  of  each  of  such  funds,  and  whence  received,  and 
the  amount  of  money  paid  out  by  him  on  account  thereof,  and  to 
w'hom,  and  for  what  purpose  paid  out. 

The  treasurer  shall. also  keep  a separate  and  distinct  account  of 
moneys  received  or  to  be  received  for  each  local  improvement,  for 
which  an  assessment  is  made,  and  when  any  moneys  is  collected  by 
him  from  the  County  Treasurer,  or  any  other  source,  on  account  of 
any  such  assessment  it  shall  be  his  duty  to  credit  the  sum  to  its 
separate  assessment  account.  Whenever  the  County  Treasurer  shall 
pay  over  to  the  City  Treasurer  any  taxes  belonging  to  the  City  and 
collected  under  any  levy,  and  whenever  any  money  is  received  by 
the  City  Treasurer  for  the  sale  of  certificates  of  indebtedness  dis- 
posed of  in  anticipation  of  the  collection  of  a tax  based  on  a tax 
estimate,  the  City  Treasurer  shall  credit  each  of  the  respective 
funds  and  accounts  with  its  proportionate  amount  of  receipts  ac- 


CITY  OF  ST.  CLOUD,  MINN. 


43 


cording  to  the  tax  estimate  of  the  fiscal  year  for  which  such  estimate 
is  made.  The  money  collected  on  account  of  assessments  shall  not 
be  paid  out  by  the  Treasurer  except  in  payment  for  assessment 
work.  The  money  received  from  the  sale  of  certificates  of  indebted- 
ness based  on  a tax  estimate  and  the  money  received  from  the 
County  Treasurer  on  a tax  levy  based  on  such  estimate,  shall  be 
used  and  applied  only  to  defray  the  expenditures  together  with  the 
arrearages  due  and  unpaid  for  the  specific  object  for  which  said 
estimate  was  made  and  said  taxes  were  levied. 

After  the  accounts  are  opened  in  the  books  as  hereinbefore  pro- 
vided, any  moneys,  thereafter  received  by  the  city  from  the  collec- 
tion of  delinquent  taxes,  shall  be  forthwith  distributed  to  the  funds 
provided  for  herein,  so  far  as  such  funds  correspond  to  the  funds 
named  in  the  particular  tax  levy  on  which  said  delinquent  taxes  are 
collected.  And  so  far  as  they  do  not  correspond,  the  delinquent  taxes 
collected  shall  be  credited  to  the  general  fund.  The  surplus  of  any 
year's  receipts  over  expenditures  in  any  particular  fund  may  be 
carried  forward  to  the  same  fund  for  the  succeeding  year. 

TAX  CERTIFICATES. 

Section  124.  At  any  time  after  the  annual  tax  levy  has  been 
certified  to  the  County  Auditor,  and  not  earlier  than  October  tenth, 
in  any  year,  the  Commission  may  by  resolution  issue  and  sell  as 
many  certificates  of  indebtedness  as  needed  in  anticipation  of  the 
collection  of  the  taxes  so  levied,  as  aforesaid,  for  any  special  fund 
named  in  said  tax  estimates  for  the  purpose  of  raising  money  for 
such  special  fund,  but  no  certificate  shall  be  issued  for  any  of  said 
S'eparate  funds,  exceeding  fifty  per  cent  of  the  amount  named  in  said 
tax  estimate  to  be  collected  for  the  use  and  benefit  of  said  fund 
and  no  certificate  shall  be  issued  to  become  due  and  payable  later 
than  December  thirty-first  of  the  year  succeeding  the  year  in  which 
said  tax  estimate,  certified  to  the  auditor  as  aforesaid  was  made,  and 
said  certificate  shall  not  be  sold  for  less  than  par  and  accrued  in- 
terest, and  shall  not  bear  a greater  rate  of  interest  than  six  per  cent 
per  annum;  each  certificate  shall  state  upon  its  face  for  which  fund 
the  proceeds  of  said  certificate  shall  be  used,  and  the  whole  amount 
embraced  in  said  tax  estimate  for  that  particular  purpose.  They 
shall  be  numbered  consecutively  and  be  in  denominations  of  fifty 
dollars  or  a multiple  thereof,  and  niay  have  interest  coupons  at- 
tached, and  shall  be  otherwise  of  such  form  and  terms,  and  be  made 
payable  at  such  place,  as  will  beet  aid  in  their  negotiation,  and  the 
proceeds  of  the  tax  assessed  and  collected  as  aforesaid  on  account 
of  said  fund,  and  the  faith  and  credit  of  the  City  are  irrevocably 
pledged  for  the  redemption  of  the  certificate  so  issued, 

MONEY.  HOW  PAID  OUT  OF  TREASURY. 

Section  125.  No  money  shall  be  paid  out  of  the  city  treasury 
except  for  principal  or  interest  of  bonds  or  for  the  payment  of 
judgments  duly  obtained  against  the  City  unless  such  payment  shall 
be  authorized  by  a vote  of  the  Commission  specifying  the  fund  to 
which  the  same  is  chargeable,  and  with  the  exception  of  the  in- 
terest fund,  sinking  fund  and  judgments,  shall  be  drawn  out  only 
upon  orders  signed  by  the  Mayor  and  Clerk,  and  also  countersigned 
by  the  Comptroller,  whenever  the  City  shall  have  such  an  officer. 


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Each  order  shall  specify  the  purpose  for  which  it  is  drawn,  the  fund 
out  of  which  it  is  payable,  and  the  name  of  the  person  in  who&e 
favor  it  may  be  drawn,  and  shall  be  made  payable  to  the  order  of 
such  person. 

Provided  that  the  Commission  may  provide  by  resolution  for  the 
payment  of  any  or  all  employees  of  said  city  which  are  paid  by 
order  of  the  Commission  on  pay  rolls  to  be  prepared  as  directed  by 
said  resolution,  by  heads  of  departments,  othcers  of  the  City  or 
otherwise,  certified  to  as  correct  by  the  person  so  preparing  the 
same,  duly  audited,  ordered  paid  by  said  Commission,  after  being 
so  audited  and  paid  by  the  City  Treasurer,  and  receipted  by  the 
several  employees  on  said  pay  rolls,  which  pay  rolls  shall  be  de- 
posited by  said  Treasurer  with  the  City  Clerk,  on  receiving  orders 
drawn  as  other  orders  are  drawn,  for  the  sums  total,  receipted  for 
on  such  pay  rolls.  Such  orders  shall  refer  to  the  date,  number,  sum 
total,  and  department  paid  for  of  such  payroll.  Said  Commission 
may  make  such  rules  and  regulations  as  to  pay  rolls  as  it  may  deem 
proper. 

And  further  provided,  that  said  Commission  may  also  provide 
such  a pay  roll  for  the  poor  list  of  the  City,  and  place  thereon  and 
strike  therefrom  from  time  to  time  the  names  of  such  persons  as  it 
may  deem  proper. 

OBLIATIONS  CANCELLED  WHEN  PAID. 

Section  126.  When  any  order  on  the  Treasurer  shall  have  been 
paid  or  received  by  him,  it  shall  not  again  be  issued;  but  shall  be 
immediately  cancelled  by  him,  and  filed  away  in  bis  office.  The 
Commission  may  provide,  for  the  examination  from  time  to  time  of 
such  cancelled  orders  and  also  of  cancelled  bonds  or  other  obliga- 
tions in  the  hands  of  the  Treasurer,  for  their  return  to  the  office  of 
the  City  Clerk,  and  for  their  destruction,  preserving  such  records  or 
vouchers  thereof  as  said  Commission  may  deem  proper. 

JUDGMENTS.  HOW  PAID. 

Section  127.  No  limitation  or  restriction  contained  in  this 
charter  shall  be  construed  to  prohibit  the  levying  of  taxes  to  pay 
any  judgment  that  may  at  any  time  be  recovered  against  said  City; 
but  in  case  of  such  judgment  the  Commission  shall  at  the  time  of 
making  the  next  annual  tax  levy  after  the  rendition  of  such  judg- 
ment, levy  and  assess  a special  tax  upon  all  taxable  property  in 
the  City,  sufficient  to  pay  such  judgment.  If  for  any  reason  such 
levy  shall  prove  insufficient,  new  taxes  shall  be  levied  until  the 
whole  of  such  judgment  is  paid.  Any  excess  of  the  amount  so  as- 
sessed and  collected,  after  the  payment  of  such  judgment,  shall  be 
credited  to  the  revenue  fund  of  the  City.  And  such  judgment  shall 
be  paid  by  the  City  Treasurer  upon  presentation  to  him  of  a certi- 
fied copy  of  the  docket  entry  thereof,  if  he  has  in  his  hands  suf- 
ficient funds  not  otherwise  appropriated.  And  in  ca&e  there  are 
no  sufficient  funds  to  fully  pay  the  same  he  shall  pay  thereon  such 
amount  as  may  be  in  his  hands  and  not  otherwise  appropriated. 

FINANCIAL  REPORT.  REDUCTION  OF  EXPENDITURES. 

Section  128.  The  Superintendent  of  the  Department  of  Finances 
and  Accounts  shall  at  the  close  of  the  first  half  of  the  fiscal  year, 


CITY  OP  ST.  CLOUD,  MINN. 


45 


make  report  to  the  Commission  of  the  actual  expenses  of  the  city 
for  the  first  half  of  tbe  fiscal  year,  the  amount  of  taxes  collected 
and  outstanding,  and  the  revenues  received  from  other  sources; 
and  if  upon  making  of  such  report,  it  shall  appear  that  the  current 
expense  of  such  half  year  have  exceeded  the  estimates  upon  which 
the  tax  levy  thereof  was  based,  or  that  the  revenues  of  said  City, 
are  likely  to  fall  short  of  their  estimated  amount  at  the  time  of 
making  such  tax  levy,  the  Commission  shall  forthwith  proceed  to 
reduce  the  current  expenses  of  the  City  in  such  manner  ae  may 
be  deemed  advisable,  and  for  that  purpose  may  diminish  the  amount 
of  service  for  lighting  streets,  and  the  amount  of  work  to  be  done 
under  any  contract,  and  reduce  the  force  or  number  of  men  em- 
ployed in  the  several  departments  of  the  City.  In  all  future  con- 
tracts with  said  City,  such  right  to  reduce  the  amount  of  service  or 
work  to  be  performed  and  the  amount  of  material  to  be  furnished 
on  account  of  deficiency  of  revenue,  is  hereby  reserved  and  shall 
be  so  stated  in  such  contract. 

UNIFORM  ACCOUNTS  AND  REPORT. 

Section  129.  The  Commission  shall  prescribe  uniform  forms  of 
accounts,  which  shall  be  observed  by  all  officers  and  departments 
of  the  City,  which  receive  or  disburse  moneys. 

CITY  DEPOSITORIES. 

Section  130.  All  city  funds,  as  soon  as  received,  shall  be  de- 
posited by  the  City  Treasurer  in  the  name  of  the  City  in  one  or 
more  banks  designated  by  the  Commission,  who,  before  designating 
such  depository  or  depositories  shall  advertise  in  the  official  paper, 
for  at  least  ten  days  for  proposals.  Such  proposals  shall  state  what 
security  will  be  given  to  said  City  for  the  funds  so  deposited,  and 
what  interest  allowed  on  daily  balances  to  be  credited  at  the  first 
of  each  month,  on  conditions  that  such  funds,  with  accrued  interest, 
shall  be  held  subject  to  draft  and  payment  at  all  times  on  demand. 
Any  such  proposal  shall  also  state  what  interest  will  be  allowed  on 
moneys  deposited  for  any  certain  or  definite  period  of  time,  naming 
such  period,  on  the  condition  that  such  funds  with  accrued  interest 
shall  be  held  subject  to  draft  and  payment  at  the  expiration  of  said 
period  of  deposit.  If,  after  making  such  designation,  the  Commis- 
sion deems  the  surety  given  insufficient,  it  may  require  a new  bond, 
or  if,  in  its  opinion,  the  public  interests  require,  may  vacate,  revoke 
or  modify  any  such  designation,  and  again  advertise  and  designate 
a depository.  The  amount  deposited  in  any  bank  shall  not  exceed 
twenty-five  per  cent  of  the  capital  stock  and^  permanent  surplus 
thereof. 

EXEMPTION  OP  EAST  ST.  CLOUD  FROM  INDEBTEDNESS. 

Section  131.  The  territory  of  said  City  lying  on  the  easterly 
side  of  the  Mississippi  river  and  the  real  and  personal  property 
therein  shall  be  assessed  and  taxed  pro  rata  with  the  other  prop- 
erty of  said  City  for  the  payment  of  the  one  hundred  thousand  dol- 
lars ($100,000)  bonds  and  interest  thereon  of  said  city,  issued  by 
said  city  under  and  pursuant  to  chapter  one  hundred  and  thirty- 
eight  (138)  of  the  special  laws  of  1879,  and  chapter  twelve  (12)  of 


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the  special  laws  of  1883  and  legalized  by  chapter  two  hundred  and 
twenty-two  (222)  of  the  special  laws  of  the  state,  approved  January 
28.  1885. 


CHAPTER  XI. 

BONDS. 

PURPOSES  FOR  WHICH  BONUS  MAY  BE  ISSUED. 

Section  132.  The  bonds  of  the  City  of  St.  Cloud  may  be  issued 
for  any  of  the  following  purposes  by  proceeding  as  in  this  chapter 
provided,  towit: 

For  the  purpose  of  construction  of  public  water  works  and  the 
enlargement,  extension,  protection  or  distribution  of  water  supply 
of  said  City;  for  defraying  the  expenses  of  grading,  paving  or  other- 
wise improving  the  streets,  alleys,  parks,  driveways  and  public 
grounds  of  said  City,  and  for  the  installation  of  garbage  crematories, 
hospitals,  museums  and  art  galleries;  for  the  establishment  or  pur- 
chase of  public  lighting,  heating  or  power  plants  and  for  the  ac- 
quisition and  equipment  by  purchase  or  otherwise  of  street  railways, 
telegraph  or  telephone  lines  or  any  other  public  convenience  from 
which  a revenue  shall  or  may  be  derived;  for  constructing  and 
completing  all  necessary  bridges,  piers  and  approaches  thereto  and 
all  necessary  culverts  in  said  City  and  within  two  miles  of  its  cor- 
porate limits;  for  the  purchase  or  acquiring  sites  for  all  necessary 
public  buildings  and  structures  and  the  construction  and  erection 
thereon  of  all  necessary  buildings  and  structures  and  the  purchase 
of  all  necessary  fire  department  equipment;  bonds  and  tax  certifi- 
cates may  also  be  issued  in  anticipation  of  the  revenue  and  taxes  of 
said  city  and  to  pay,  take  up  and  refund  all  outstanding  bonds  and 
judgments  of  said  City  from  time  to  time  after  the  same  become 
due  and  payable. 

LIMITATION. 

Section  133.  The  total  bonds  issue  of  the  City  of  St.  Cloud 
shall  not  exceed  nor  shall  said  City  at  any  time  become  indebted  in 
a sum  in  excess  of  ten  per  cent  of  the  assessed  valuation  of  said 
City;  provided  that  the  following  obligations  and  indebtedness  of 
said  City  shall  not  be  considered  or  construed  as  a part  of  the  in- 
debtedness of  said  City  in  determining  whether  the  limitation  herein 
provided  for  shall  have  been  reached  or  exceeded,  to-wit: 

The  current  obligations  of  said  City  payable  in  the  usual  course 
of  business  and  out  of  its  current  revenues;  certificates  of  indebted- 
ness and  bonds  issued  for  the  creation  or  maintenance  of  a per- 
manent improvement  revolving  fund;  obligations  incurred  in  acquir- 
ing lands  for  streets,  parks  or  other  public  improvements  and  pay- 
able from  the  proceeds  of  assessments  levied  upon  property  specially 
benefited  by  such  improvements;  bonds  issued  for  the  purchase  or 
construction  of  public  water  works  or  for  the  enlargement,  protec- 
tion or  distribution  of  the  water  supply  of  said  City  or  for  the 
establishment  or  purchase  of  public  lighting,  heating  or  power 
plants  and  for  the  acquisition  and  equipment  by  purchase  or  other- 


CITY  OF  ST.  CLOUD,  MINN. 


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wise  of  street  railways,  telegraph  or  telephone  lines,  or  any  other 
public  convenience  or  utility  from  which  a revenue  shall  or  may  be 
derived. 

FORM  AND  EXECUTION. 

Section  134.  All  bonds  of  said  City  of  St.  Cloud  hereafter  sold 
or  issued  to  refund  bonds  now  outstanding  shall  be  signed  by  the 
Mayor  and  attested  by  the  City  Clerk  and  countersigned  by  che 
City  Treasurer  and  have  the  official  seal  of  said  City  thereon  im- 
printed and  the  interest  coupons  thereto  shall  bear  the  lithographed 
fac  simile  signature  of  the  Mayor  and  City  Clerk.  Such  bonds  shall 
express  the  denomination  and  terms  of  payment  and  shall  have 
coupons  attached  for  the  several  interest  payments  to  be  made 
thereon  which  interest  shall  in  no  case  exceed  the  rate  of  five  per 
cent  payable  semi-annually  except  bonds  issued  in  anticipation  of 
revenues  and  taxes.  Said  bonds  shall  in  no  case  run  for  a longer 
term  than  thirty  years  from  the  date  of  their  issue  but  provision 
may  be  made  for  their  payment  at  any  time  upon  call  after  a given 
number  of  years  from  the  date  of  their  issuance.  It  shall  not  be 
necessary  that  said  bonds  become  due  all  at  one  time,  but  provision 
may  be  made  for  the  payment  of  portions  of  the  issue  thereof  at 
different  times  and  from  year  to  year  after  a specified  number  of 
years.  No  bonds  of  said  City,  no  matter  for  what  purpose  issued, 
shall  be  sold  for  less  than  their  face  value  with  accrued  interest. 

REGISTRATION.  APPROVAL  OF  ELECTORS. 

Section  135.  If  the  purchaser  or  holder  of  the  bonds  issued  by 
said  City  shall  so  request,  the  Commission  by  a resolution  prescrib- 
ing the  method  and  terms  of  exchange  thereof  may  authorize  tbe 
proper  city  officials  to  issue  registered  bonds  in  lieu  thereof  in  such 
denominations  as  may  be  desired  or  said  Commission  may  provide 
for  the  registry  of  bonds  upon  such  terms  as  it  may  see  fit  but 
thereby  the  indebtedness  of  said  City  by  reason  of  such  registration 
shall  not  in  any  manner  be  increased.  No  bonds  of  said  City  shall 
be  issued  for  any  purpose  whatever  save  and  except  to  pay,  take  up 
and  refund  outstanding  bonds  of  said  City  or  judgments  lawfully 
rendered  against  the  same  as  to  which  the  time  of  appeal  has  ex- 
pired, and  save  and  except  bonds  issued  in  anticipation  of  revenues 
and  taxes,  without  the  approval  first  obtained  of  five-eights  of  the 
electors  of  said  City  voting  at  a special  election  called  for  that  pur- 
pose or  at  a general  municipal  election  in  the  notice  of  which  special 
or  general  municipal  election  the  proposed  issue  shall  have  been 
plainly  submitted  for  approval  or  rejection.  Said  election  so  held 
upon  the  question  of  the  issuance  of  said  bonds  shall  be  held  in  all 
respects  as  other  municipal  elections  so  held  and  be  governed  by  all 
the  laws  and  rules  in  force  in  relation  to  such  municipal  'elections. 

REFUNDING  BONDS,  ETC.  SALE. 

Section  136.  Whenever  it  shall  be  necessary  to  issue  the  bonds 
of  said  City  to  take  up,  pay  or  refund  outstanding  bonds  thereof  or 
any  judgment  against  said  City,  the  Commission  may  adopt  a reso- 
lution providing  for  the  issuance  and  sale  of  said  bonds  and  said 
resolution  shall  state  the  amount  of  the  proposed  issue,  the  pur- 
poses for  which  the  said  bonds  are  to  be  issued,  the  date  of  such 


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proposed  issue  and  when  due  and  payable,  the  rate  of  intereet,  the 
place  where  the  principal  and  interest  shall  be  paid  and  the  de- 
nomination of  each  bond,  and  upon  the  approval  of  said  resolution 
by  the  Mayor  of  said  City  and  its  publication  in  the  official  paper 
thereof  at  least  twice,  the  bonds  of  said  City  shall  be  sold  to  the 
highest  bidder  for  cash,  but  for  not  less  than  par  and  accrued  interest. 

At  least  thirty  daye  shall  elapse  between  the  date  of  the  last 
publication  of  said  resolution  and  the  sale  of  said  bonds  and  an 
advertisement  thereof  signed  by  the  City  Clerk  and  calling  for  sealed 
bids  thereon  shall  be  published  at  least  twice  in  the  official  paper 
of  said  City  and  in  at  least  two  issues  of  a financial  journal  pub- 
lished in  the  City  of  Chicago,  or  the  City  of  New  York,  the  last 
publication  to  be  at  least  ten  days  before  the  date  for  opening  said 
bids.  Said  advertisement  of  the  sale  of  said  bonds  shall  contain  a 
brief  description  of  said  bonds  and  the  time  and  place  of  the  meet- 
ing of  the  Commission  for  the  opening  of  said  bids  and  at  the  time 
and  place  so  fixed,  but  not  prior  thereto  or  at  any  other  time  or 
place,  the  bids  shall  be  opened  and  the  offer  complying  with  the 
terms  of  such  sale  and  most  favorable  shall  be  accepted;  provided 
that  the  Commission  shall  have  the  right  to  require  bidders  to  file 
with  their  bids  certified  bank  checks  payable  to  the  City  Treasurer 
of  said  City  in  an  amount  not  exceeding  five  per  cent,  of  the  par 
value  of  said  proposed  bond  issue,  the  same  to  be  forfeited  to  said 
City  in  case  the  bid  of  such  person  for  said  bonds  shall  be  accepted 
and  there  shall  be  no  legal  ground  for  refusing  to  take  and  pay  for 
the  same  and  said  bidder  shall  refuse  to  take  and  pay  for  the  said 
bonds;  and,  provided  further,  that  the  Commission  may  reject  any 
and  all  bids  and  may  award  said  bonds  to  a lower  bidder  if  any 
shall  present  himself  after  the  opening  thereof  or  upon  like  notice 
it  may  invite  other  bids,  but  no  bids  shall  be  received  at  any  time 
or  considerated  unless  accompanied  by  the  required  certified  checks. 

BONDS  OTHER  THAN  REFUNDING.  ELECTION. 

Section  137.  Bonds  may  be  issued  by  said  City  for  any  other 
purpose  than  to  take  up,  pay  or  refund  the  outstanding  bonds  of 
said  City  or  any  judgment  against  the  same  and  in  anticipation  of 
the  revenues  and  taxes  thereof  by  proceeding  in  the  following 
manner: 

If  in  the  judgment  of  the  Commission  it  shall  be  deemed  ex- 
pedient to  sell  the  bonds  of  said  City  for  any  other  purpose  than  to 
take  up,  pay  or  refund  outstanding  bonds  or  any  judgment  of  said 
City,  or  in  anticipation  of  the  city’s  revenues  and  taxes,  the  Com- 
mission of  said  City  shall  pass  and  adopt  a resolution  stating  and 
specifying  that  it  considers  and  deems  it  expedient  and  proper  to 
issue  the  bonds  of  said  City  for  the  purpose  or  purposes  named  in 
said  resolution  and  specifying  the  amount  of  such  contemplated  is- 
sue, the  denomination  of  each  bond,  the  rate  of  interest,  the  time 
and  place  for  the  payment  of  principal  and  interest  and  such  other 
matters  as  said  Commission  may  consider  germane  and  proper  and 
shall  therein  call  an  election  of  the  voters  of  said  City  to  vote  upon 
the  proposition  for  the  issuance  of  such  bonds  and  said  Commission 
shall  in  said  resolution  specify  the  date  upon  which  said  election 
shall  be  held  which  may  be  on  any  general  election  day  or  a special 


CITY  OF  ST.  CLOUD,  MINN. 


49 

election  may  be  called,  and  provide  therein  for  the  form  of  notice 
of  such  election  and  the  precise  question  to  be  submitted  to  said 
voters  and  thereupon  such  election  shall  be  held  in  all  respects  as 
is  hereinbefore  provided  and  if  five-eighths  of  the  total  number  ot 
the  votes  cast  at  said  election  shall  be  in  favor  of  the  issuance  of 
said  bonds,  the  proposition  to  issue  the  same  shall  be  deemed  and 
considered  carried  and  if  the  number  of  votes  in  favor  thereof  shall 
be  less  than  five-eighths  of  the  total  number  cast  at  said  election, 
the  proposition  shall  be  considered  as  rejected  and  no  similar  piopo- 
sition  for  the  issuance  of  bonds  shall  be  submitted  to  the  voters  of 
said  City  for  the  period  of  one  year  from  the  date  of  said  election. 
The  same  proceedings  shall  be  had  relative  to  the  appointment  of 
judges  of  election,  the  canvass  of  votes  and  the  returns  and  the 
declaration  of  the  result  as  is  provided  by  law  for  the  general  elec- 
tions of  said  City  and  said  bonds  if  voted  shall  be  sold  by  said  City 
In  the  manner  provided  in  Section  136  in  this  chapter. 

PROCEEDS.  HOW  HANDLED. 

Section  138.  Upon  payment  to  the  Treasurer  of  said  City  of 
the  amount  offered  therefor  by  the  successful  bidder,  the  bonds 
shall  be  delivered,  and  the  Treasurer  shall  hold  the  proceeds  thereof 
as  a separate  fund  for  the  purposes  named  in  the  resolution  under 
which  said  bonds  were  issued.  If  the  contemplated  improvement  be 
afterward  abandoned  such  fund  shall  become  a part  of  the  sinking 
fund  of  said  city  and  shall  be  invested  and  used  in  all  respects  as 
is  provided  in  this  charter  for  the  sinking  fund  herein  provided  for. 

SINKING  FUND  BOARD.  INVESTMENTS. 

Section  139.  The  Commission  shall  act  as  the  Sinking  Fund 
Board  of  the  City  of  St.  Cloud  and  may  by  resolution  define  such 
duties  of  said  board  as  are  not  specified  in  this  charter.  Such 
board  shall  have  the  charge  and  management  of  the  sinking  fund 
and  of  the  interest  fund  of  said  City;  and  from  time  to  time  shall 
invest  the  moneys  of  the  sinking  fund  in  the  bonds  of  said  City,  or 
of  the  United  States,  or  of  the  State  of  Minnesota,  or  in  such  bonds 
of  any  county,  city,  village  or  school  district  in  the  State  of  Minne- 
sota as  may  be  approved.  In  case  of  investment  in  the  bonds  of 
the  City  of  St.  Cloud,  the  same  shall  not  be  cancelled  before  matur- 
ity, but  shall  be  held  by  said  board  and  the  interest  thereon  paid 
over  and  applied  to  the  increase  of  such  sinking  fund.  Whenever 
deemed  desirable  said  board  may  sell  or  dispose  of  any  bonds  pur- 
chased for  the  sinking  fund  and  re-invest  the  same  or  the  proceeds 
thereof  in  other  bonds. 

SINKING  AND  INTEREST  FUNDS.  DEPOSITS. 

Section  140.  Whenever  deemed  desirable  said  board  may  de- 
posit any  portion  of  the  interest  fund  or  sinking  fund  in  any  national 
or  state  bank,  or  in  any  savings  bank.  Before  making  any  such 
deposit  they  shall  advertise  in  such  manner  as  they  may  deem  best, 
for  proposals  therefor,  which  proposals  shall  state  what  interest 
will  be  paid  on  the  amount  so  deposited,  and  what  security  will  be 
given  therefor.  The  Commission  shall  designate  the  bank  or  banks 
in  which  such  deposits  shall  be  made,  but  no  deposit  shall  be  made 
in  any  bank  until  the  Commission  shall  approve  the  designation  of 


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the  same,  and  the  same  ehall  have  executed  to  the  City  of  St.  Cloud, 
and  deposited  with  the  City  Treasurer  a bond  with  such  sureties, 
contaning  such  term©  and  conditions,  and  in  such  amount,  not  less 
than  double  the  sum  that  may  be  so  deposited,  unless  it  be  a Surety 
Company  Bond,  as  the  Commission  shall  approve.  The  Commission 
may  at  any  time  require  other  and  additional  bonds  and  all  funds 
shall  be  withdrawn  from  any  depository,  failing  forthwith  to  furnish 
the  same.  The  funds  so  deposited  shall  be  held  subject  to  draft 
and  payment  from  and  after  a time  to  be  designated  by  the  board 
at  the  time  of  making  any  such  deposit.  Should  any  of  the  funds 
so  deposited  be  lost  to  the  City,  without  any  fault  of  the  City  Treas- 
urer, said  Treasurer  shall  not  be  liable  for  such  loss. 

PAYMENTS  ON  WARRANTS  OF  BOARD. 

Section  141.  The  moneys  of  the  interest  fund  and  of  the  sink- 
ing fund,  whether  in  the  custody  of  the  City  Treasurer  or  of  any 
depository,  shall  be  paid  out  on  warrants  signed  by  the  Mayor  and 
at  least  one  member  of  said  Board,  and  countersigned  by  the  City 
Clerk,  and  shall  be  paid  out  in  no  other  manner. 

VACANCIES,  HOW  FILLED.  MEETINGS.  RECORD. 

Section  142.  It  shall  be  the  duty  of  the  City  Clerk  to  attend  the 
meetings  of  said  Board  and  to  keep  a correct  journal  of  all  their 
proceedings,  which  journal  shall  be  certified  to  by  at  least  two  of 
said  Board,  and  attested  by  said  Clerk.  All  investments  or  other 
acts  of  said  Board  shall  be  based  upon  resolution  duly  entered  upon 
said  journal. 

SECURITIES  DEPOSITED  WITH  TREASURER.  CANCELLATION 

OP  BONDS. 

Section  143.  All  bonds  and  securities  purchased  by  said  Board 
shall  be  held  in  safe  keeping  by  said  City  Treasurer.  Whenever 
city  bonds  are  paid  by  the  warrants  of  said  Board  a record  thereof 
shall  be  made  in  the  books  of  said  Board,  and  the  said  bonds  shall 
be  carefully  cancelled  by  writing  the  word  “redeemed”  together 
with  the  date  thereof  across  the  face  of  the  same. 

PAYMENT  OF  INTEREST  AND  BONDED  INDEBTEDNESS. 

Section  144.  It  shall  be  the  duty  of  said  Board  to  protect  the 
credit  of  the  City.  To  draw  from  the  interest  fund  and  the  sink- 
ing fund  from  time  to  time  such  sums  as  may  be  necessary  to  pay 
the  interest  and  bonded  indebtedness  of  the  City  as  it  matures,  and 
to  transmit  the  same  to  the  several  places  where  such  interest  and 
indebtedness  may  be  pa3^able. 

SINKING  FUND  SUFFICIENT,  TAX  OMITTED.  FUNDING  BONDS. 

Section  145.  Whenever  said  amount  of  such  sinking  fund  with 
the  interest  thereon  computed  to  the  time  of  maturity  of  the  bonds 
or  debt  of  the  City  shall  be  sufficient  to  pay  said  bond  or  debt  at 
the  maturity  thereof,  the  levy  of  the  tax  for  such  fund  may  be 
omitted;  but  in  case,  by  decrease  of  interest  or  depreciation  of  in- 
vestment or  other  cause,  said  fund  shall  not  he  sufficient  at  any 
time  thereafter,  the  levy  of  said  tax  shall  be  resumed.  Whenever 
said  sinking  fund  shall  be  insufficient  to  pay  all  the  bonds  of  the 
City  that  may  at  any  time  become  due,  the  Commiseion  may  issue 


CITY  OF  ST.  CLOUD,  MINN. 


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the  bonds  of  the  City  for  such  time  as  they  may  deem  proper,  not 
exceeding  thirty  years,  and  on  such  terms  as  to  place  of  payment 
and  rate  of  interest  as  may  be  deemed  advisable,  and  in  such 
amount  as  shall  be  necessary  to  meet  such  deficiency. 

ENFORCEMENT  OF  PROVISIONS  AS  TO  SINKING  FUND. 

Section  146.  In  case  the  Commission  acting  as  the  Sinking  Fund 
Board  or  other  city  officers  -shall  violate  or  neglect  to  conform  to 
any  of  the  provisions  of  this  charter,  relating  to  said  sinking  fund, 
any  taxpayer  of  the  City  or  any  owner  of  any  bonds  of  the  City 
shall  have  the  right  to  maintain  in  any  court  of  competent  juris- 
diction any  appropriate  action  to  enforce  compliance  therewith.  The 
provisions  of  this  charter  that  relate  to  the  collection  and  mainten- 
ance of  said  sinking  fund  is  hereby  declared  to  be  part  of  the  con- 
tract with  the  holder  of  any  .bonds  of  the  City  that  may  be  here- 
after issued,  and  shall  be  kept  inviolate. 

PENALTY. 

Section  147.  Any  violation  of  any  city  official  of  any  of  the 
provisions  of  this  charter  relating  to  the  sinking  fund  or  interest 
fund  herein  provided  for,  is  hereby  declared  to  be  a misdemeanor 
and  shall  be  punished  by  a fine  of  not  less  than  fifty  dollars  nor 
more  than  one  hundred  dollars;  or  by  imprisonment  in  the  county 
jail  for  a term  not  to  exceed  ninety  days. 


CHAPTER  XII. 

LOCAL  IMPROVEMENTS  AND 
SPECIAL  ASSESSMENTS 

PURPOSES  FOR  WHICH  PROPERTY  MAY  BE  CONDEMNED. 

Section  148,  The  City  of  St.  Cloud  is  hereby  authorized  and 
empowered  to  condemn  property,  or  any  right,  interest  or  easement 
therein,  for  any  and  all  of  the  following  purposes,  to-wit:  for  water 
works,  gas  works,  heating  works  and  electric  lighting  works;  for 
markets,  parks,  public  grounds,  public  squares  and  sites  for  public 
buildings,  and  for  buildings  for  the  Fire  Department;  for  the  con- 
struction of  slopes  and  embankments  and  cuts;  for  sewers,  drains, 
ditches,  reservoirs  and  cisterns;  for  the  laying  out,  opening,  altering, 
widening  and  extending,  straightening,  parking  and  otherwise  im- 
proving of  streets,  avenues,  parkways,  lanes  and  alleys;  for  erecting 
poles  and  suspending  wires  thereon;  for  constructing  and  laying 
conduits,  mains  and  pipes,  and  branches  and  connections  pertaining 
thereto,  whether  for  gas,  water,  sewerage  or  wires,  and  for  lowering, 
raising,  changing  the  course  of,  or  diverting  any  stream  of  water, 
ditch,  sewer  or  drain,  and  also  for  any  and  all  other  public  purposes. 

WHAT  IMPROVEMENTS  MAY  BE  MADE. 

Section  149.  The  City  of  St.  Cloud  is  hereby  authorized  and 
empowered  to  make  any  and  all  improvements  hereinafter  named, 
and  may  make  any  and  as  many  of  the  same,  and  such  portions  of 
any  and  as  many  of  the  same,  at  one  time  and  under  one  order,  job, 
contract  or  assessment  as  may  be  deemed  proper,  and  may  include 
therewith  any  condemnation  proceeding  affecting  the  same  or  any 


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part  thereof.  Said  improvements  are  the  following,  to-wit:  The 

grading,  re-grading,  filling,  leveling,  paving,  re-pavir\g,  curbing,  're- 
curbing, walling,  bridging,  graveling,  macadamizing,-  planking,  re- 
planking, opening,  extending,  widening,  contracting,  altering,  railing, 
surfacing,  ornamenting,  maintaining,  and  keeping  in  repair  streets, 
avenues,  lanes,  alleys  and  parkways,  and  changing  the  grade  of  any  , 
of  the  same,  also  filling,  grading,  protecting,  improving  and  orna- 
menting any  market,  public  park  square  or  grounds,  now  or  heroT 
after  laid  out;  also  the  planting  or  protecting  of  shade  trees  and 
ornamental  trees;  also  the  constructing,  building,  rebuilding,  ex- 
tending, laying,  relaying,  maintaining  and  repairing  of  cross  and 
side  walks,  area  walls,  bridges,  culverts,  gutters,  sewers,  ditches  and 
private  drains,  gas  works,  water  works  and  electric  works,  gas 
mains  and  pipes,  water  mains  and  pipes,  sewer  mains  and  pipes, 
and  conduits  and  mains  for  enclosing  wire-s;  also  the  construction  of 
reservoirs  and  cisterns;  also  the  sprinkling  of  streets,  alleys  and 
highways;  also  the  abatement  of  any  and  all  public  nuisances 
within  the  limits  of  the  city;  also  the  lowering,  raising,  changing 
the  course  of,  or  diverting  the  course  of  any  stream  of  water,  ditch 
or  drain,  and  also  providing  for  the  transmission  of  heat,  power  and 
electricity. 

ASSESSMENTS  FOH  WATER  PURPOSES.  TAXING  DISTRICTS. 

Section  150.  The  City  of  St.  Cloud  is  hereby  authorized  to 
levy  assessments  for  local  improvements  upon  the  property  front- 
ing upon  such  improvements  or  upon  the  property  to  be  benefited 
by  such  improvements,  or  both,  without  regard  to  a cash  valuation. 
Said  City  is  also  authorized  to  levy  assessments  for  such  improve- 
ments upon  the  property  benefited  thereby  according  to  the  cash 
valuation  of  the  property  so  benefited.  Said  City  may  also  deter- 
mine that  the  expense  or  system  of  improvements,  or  any  portion 
or  portions  thereof,  be  defrayed  by  assessments  upon  such  taxing 
district  or  districts  as  may  be  determined  to  be  liable  therefor.  The 
assessments  in  this  section  authorized  may  be  made  to  defray  the 
cost  and  expense,  or  any  portion  thereof,  of  any  and  all  improve- 
ments authorized  by  the  charter,  and  to  defray  the  expense  and 
damages,  or  any  portion  thereof,  for  taking  property,  for  any  and 
all  purposes  authorized  by  the  charter.  This  section  shall  apply 
to  any  and  all  improvements  heretofore  ordered  or  made,  as  well 
as  to  those  that  shall  hereafter  be  ordered.  The  method  or  methods 
of  making  any  such  assessments,  and  the  establishments  and  the 
extent  of  such  taxing  districts,  may  be  determined  by  the  Commis- 
sion; and  said  Commission  may  alter,  enlarge,  make  smaller,  or 
abolish  any  taxing  district. 

METHODS  OP  MAKING  ASSESSMENTS. 

Section  151.  Such  assessments  may  be  made  according  to  any 
of  the  following  methods: 

1st.  By  levying  an  equal  sum  per  front  foot  upon  the  several 
parcels  and  lots  of  land  fronting  upon  the  improvement  for  which 
such  assessment  is  made. 

2nd.  By  levying  an  equal  sum  per  square  foot  upon  the  several 
parcels  and  lots  of  land  fronting  upon  the  improvement  for  which 
such  assessment  is  made;  provided  that  in  computing  areas  for  any 


CITY  OF  ST.  CLOUD,  MINN. 


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such  as6essments,  the  Commission,  in  its  discretion  may  exclude  so 
much  of  any  tract  of  land  as  lies  more  than  132  feet  from  such  im- 
provement; and,  provided,  that  said  parcels  and  lots  of  land  may,  in 
the  discretion  of  said  Commission,  be  considered  as  extending  to 
the  centers  of  adjoining  streets  and  alleys. 

3rd.  By  levying  the  same  upon  the  several  parcels  and  lots  of 
land  benefited  by  the  improvement  for  which  the  same  is  made, 
according  to  the  amounts  in  which  said  several  parcels  are  benefited 
thereby. 

4th.  By  levying  the  same  upon  the  several  parcels  and  lots  of 
land  benefited  by  the  improvement,  for  which  the  same  is  made 
according  to  the  cash  valuation  thereof. 

COMMISSION  TO  MAKE  ASSESSMENTS.  MAY  COMBINE 

METHODS. 

Section  152.  All  such  assessments  shall  be  made  by  the  Com- 
mission unless  otherwise  provided;  and  in  making  any  such  assess- 
ments, said  Commission  may  follow  as  many  of  said  methods  as  it 
deems  proper,  and  may  make  such  several  portions  of  the  same  as 
it  deems  proper  according  to  each  of  the.  several  methods  so  followed 
by  said  Commission.  Said  Commission  may  also,  in  its  discretion 
levy  any  such  portion  of  any  assessment  as  it  deems  proper  upon 
such  taxing  district  or  districts  as  it  may  determine  to  be  liable  for 
the  same,  without  regard  to  the  above  provisions  and  may  levy  the 
remainder  thereof  as  above  provided;  and  may  at  any  time  alter, 
enlarge,  make  smaller  or  abolish  any  such  taxing  district. 

PROPERTY  MAY  BE  PURCHASED  OR  CONDEMNED. 

Section  153.  Whenever  the  Commission  shall  deem  it  necessary 
to  take  or  appropriate  any  property  or  any  right,  interest  or  ease- 
ment therein  for  any  of  the  purposes  mentioned  in  this  chapter, 
said  Commission  may  purchase  the  same,  if  it  can  be  done  upon 
terms  satisfactory  to  said  Commission,  or  it  may  cause  the  same 
to  be  condemned  as  in  this  chapter  provided. 

PROCEDURE  FOR  MAKING  IMPROVEMENT. 

Section  154.  Whenever  any  improvement,  except  the  building, 
re-building  or  repairing  of  sidewalks,  is  to  be  made,  for  which  any 
property  is  to  be  condemned,  or  on  account  of  which  any  assess- 
ment is  to  be  made,  or  any  damages  are  to  be  appraised,  the  Com- 
mission shall  cause  a brief  and  general  description  of  the  same, 
and,  if  they  deem  proper,  specifications  therefor,  and  plats  and  plans 
thereof,  showing  what  improvements  are  to  be  made,  and  the  extent 
of  each  of  the  same,  and  what  property,  if  any,  is  to  be  condemned, 
to  be  made  and  filed  in  the  office  of  the  City  Clerk;  and  shall  cause 
an  estimate  of  the  cost  and  expense  thereof  to  be  made  and  filed 
therewith;  and  at  its  discretion  may  require  the  City  Engineer  to 
state  whether  in  the  opinion  of  said  City  Engineer,  property  to  be 
assessed  for  said  improvement  can  be  found  benefited  to  the  extent 
of  the  damages,  costs  and  expenses  necessary  to  be  incurred  there- 
for. Said  Commission  shall  cause  improvements  to  be  designated 
by  a suitable  number,  and  thereafter  the  same  may  be  designated  as 

“Improvement  No ” Said  Commission  may  determine  that 

the  whole  or  any  portion  of  the  damages,  costs  and  expenses  of 


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such  improvement  be  defrayed  by  special  assessments,  and  in  case 
only  a portion  thereof  are  to  be  defrayed  by  such  assessments,  shall 
cause  a statement  showing  the  portion  so  to  be  collected,  to  be 
attached  to  or  filed  with  the  aforesaid  description.  The  territorial 
extent  of  such  improvement,  and  of  the  several  parts  thereof,  and 
what  improvements,  and  the  condemning  of  what  property,  shall  be 
included  in  and  as  a part  of  such  improvement,  and  the  extent  of 
each  of  the  same  is  left  wholly  to  the  discretion  of  the  Commission 
and  the  aforesaid  description  with  the  accompanying  plans  and 
specifications,  if  any,  shall  be  held  to  correctly  show  the  same.  If 
said  Commission  shall  determine  to  make  such  improvements,  it 
shall  direct  that  the  proper  assessments  and  appraisements  therefor 
be  made  by  an  order  which  may  be  substantially  in  the  following 
form,  or  in  any  other  form  that  the  Commission  may  adopt: 

“The  Commission  of  the  City  of  St.  Cloud  hereby  directs  that 
the  proper  appraisements  and  assessments  for  Improvement  No. 
be  made.” 

NOTICE.  HEARING  BEFORE  BOARD. 

Section  155.  After  the  making  of  sunh  order  by  the  Commission, 
the  City  Clerk  shall  cause  notice  to  be  published  twice  in  the  official 
paper  of  the  City,  which  notice  may  be  substantially  in  the  follow- 
ing form,  or  any  other  form  which  the  said  Commission  may 
prescribe: 

“The  Commission  of  the  City  of  St.  Cloud  gives  notice  that  it 

will  meet  at  its  chambers  in  said  City  on  the day  of 

19..,  at  ....  o’clock  ..  M.,  to  appraise  the  damages  and  make  the 
assessments  for  Improvement  No which  improvement  con- 

sists of  (here  insert  a brief  description  of  such  improvement.)  A 
full  description  of  said  improvement  is  filed  in  the  oflEice  of  the 
City  Clerk. 

“Dated  at  St.  Cloud,  Minn.,  19.. 


City  Clerk.” 

The  date  of  the  first  publication  of  said  notice  shall  be  at  least 
fifteen  days  prior  to  the  time  of  such  meeting.  Said  Commission 
shall  meet  at  the  time  and  place  specified  in  said  notice,  and  may 
adjourn  from  time  to  time.  Said  Commission  by  itself  or  by  the 
City  Engineer,  as  it  may  direct,  shall  view  the  premises  and  hear 
any  legal  evidence  that  may  be  offered  for  the  purpose  of  proving 
the  true  amount  of  damages  that  will  be  sustained  or  benefits  that 
will  be  conferred  by  reason  of  said  improvements  and  any  member 
of  said  Commission  or  said  City  Engineer  is  hereby  authorized  to 
administer  oaths  to  any  witness  produced  before  them.  All  parties 
interested  in  said  improvement  shall  have  the  right  to  appear  before 
said  Commission,  or  said  Engineer  at  said  hearing  either  in  person 
or  by  counsel.  And  said  Commission  or  City  Engineer  may  have 
the  aid  and  advice  of  any  other  official  of  said  City  in  the  perform- 
ance of  their  or  his  duties.  If  the  proposed  improvement  consists 
in  whole  or  in  part  in  the  taking  of  private  property  for  any  muni- 
cipal purpose,  in  addition  to  the  published  notice  hereinbefore  pro- 
vided for,  said  Commission  shall  cause  a copy  of  such  notice  to  be 


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served  in  the  manner  in  which  a summons  is  served  in  a civil 
action  in  district  court  upon  all  parties  interested  in  the  land  to  he 
condemned  or  benefited  as  appears  by  the  last  assessment  list  in 
the  office  of  the  Auditor  of  the  County  in  which  the  land  is  situate, 
who  can  be  found  in  said  County,  and  also  upon  all  persons  occupy- 
ing said  lands,  or  any  part  thereof,  and  it  shall  mail  a copy  of  such 
notice  to  all  non-residents  of  the  said  County,  appearing  to  be  in- 
terested in  said  land,  addressed  to  the  last  known  post  office  address 
of  such  non-residents  and  if  such  address  is  unknown  to  the  Com- 
mission, such  notice  shall  be  addressed  to  such  person  at  St,  Cloud. 
Proof  of  the  service  and  mailing  of  such  notice  shall  be  made  by 
the  affidavit  of  the  person  serving  or  mailing  the  same,  which  shall 
state  the  time,  place  and  manner  of  serving  or  mailing  the  same, 
and  how  each  notice  so  mailed  was  addressed,  and  such  affidavit 
shall  be  filed  and  preserved  in  the  office  of  the  City  Clerk. 

AMOUNT  OF  ASSESSMENT.  MANNER  OF  ASCERTAINING. 

Section  156.  Said  Commission,  or  said  City  Engineer  shall  pro- 
ceed to  assess  the  damages  for  the  appropriation  of  any  property  or 
of  any  right,  interest,  or  easement  therein  required  for  said  im- 
provement to  the  several  tracts  and  parcels  of  property  damaged  or 
appropriated  and  where  in  the  opinion  of  said  Commission  or  said 
City  Engineer  several  lots  or  parcels  of  property  constitute  in  fact 
but  one  tract  the  same  may  be  considered  and  dealt  with  as  one 
tract  and  said  Commission,  or  City  Engineer  shall  also  assess  such 
damages  together  with  the  other  costs  and  expenses  of  such  im- 
provement and  the  cost  of  the  proceedings,  on  such  portion  thereof 
as  may  have  been  designated  by  the  Commission  upon  the  property 
by  them  deemed  benefited  in  accordance  with  the  methods  herein- 
before authorized.  But  no  assessment  shall  exceed  the  actual  benefit 
to  the  tract  or  parcel  of  property  upon  which  the  same  shall  be 
assessed;  and  if  dn  the  judgment  of  said  Commission  or  City 
Engineer  the  amount  of  benefits  assessed  shall  be  the  full  amount 
of  benefits  conferred  by  said  improvement,  said  Commission  or 
Engineer  shall  so  state  in  their  assessment. 

REPORT  AND  ADOPTION  OF  ASSESSMENT. 

Section  157.  If  the  appraisement  and  assessments  for  said  pro- 
posed improvement  shall  have  been  made  by  said  City  Engineer, 
the  same  shall  he  reported  to  the  Commission  for  consideration  and 
adopted  before  the  preparation  and  completion  of  the  assessment 
roll  provided  for  in  the  following  section. 

ASSESSMENT  ROLL.  FORM.  MANNER  OF  MAKING. 

Section  158.  As  soon  as  and  whenever  said  Commission  shall 
have  the  approved,  ratified  and  adopted  assessment  and  appraise- 
ments for  any  improvement  whether  made  by  the  Commission,  or 
the  City  Engineer,  said  Commission  shall  prepare  an  assessment 
roll  which  may  be  in  substantially  the  following  form,  or  in  any 
other  form  that  the  Commission  may  adopt: 


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ASSESSMENT  ROLL  FOR  IMPROVEMENT  NO 


Description  of  Property 

Assessed 

Damages 

Assessed' 

Benefits 

Damages 
to  be  paid 

Benefits 
to  be  paid 

OolU.  1 Cts. 

DolN.  1 CJis. 

Dolls  ! Cts. 

Dolh  1 Cts 

The  Commission  of  the  City  of  St.  Cloud  doth  hereby  assess  the 

several  benefits  and  damages  on  account  of  Improvement  No 

at  the  respective  amounts  indicated  in  the  foregoing  assessment 
roll.  (And  if  in  the  opinion  of  the  said  Commission  such  be  the  fact, 
may  add  “and  said  benefits  are  the  full  amount  of  all  benefits  con- 
ferred by  said  improvement.”) 

Dated  this  day  of  19.. 


Attest:  

City  Clerk. 


Mayor. 


Said  Commission  shall  place  in  a proper  column  opposite  the 
description  of  each  tract  or  parcel  of  property  in  said  assessment 
roll,  the  total  amount  of  damages,  if  any,  assessed  thereto;  in  an- 
other proper  column  the  total  amount  of  benefits,  if  any,  assessed 
thereto;  in  another  column,  the  excess,  if  any,  of  such  damages 
over  such  benefits;  and  in  another  column,  the  excess,  if  any,  of 
such  benefits  over  such  damages.  Where  the  amount  of  damages 
shall  exceed  the  amount  of  benefits  to  any  tract  or  parcel  of  prop- 
erty only  such  excess  shall  be  paid;  and  where  the  amount  of 
benefits  shall  exceed  the  amount  of  damages  only  such  excess  shall 
be  collected,  and  it  shall  constitute  no  legal  objection  to  said  as- 
sessment that  the  aggregate  amount  thereof  either  exceeds  or  falls 
short  of  the  estimate  of  the  cost  of  such  improvement. 


ASSESSMENT.  ALLOWANCE  FOR  PROPERTY  DEDUCTED. 

Section  159.  In  the  assessment  of  damages  and  benefits  for  any 
improvement  it  shall  be  lawful  for  the  said  Commission  in  its  dis- 
cretion in  making  such  assessment,  where  part  of  the  land  used 
in  such  improvement  has  been  theretofore  donated  or  dedicated  to 
the  public  or  said  City,  by  the  proprietors  of  adjoining  property,  to 
make  such  allowance  therefor  in  their  assessment  of  benefits  as 
shall  in  their  opinion  be  equitable  and  just;  but  such  allowance 
shall  be  made  only  as  an  offset  to  benefits  assessed  to  other  prop- 
erty owned  by  said  proprietors. 

ASSESSMENTS.  BUILDINGS  ON  PROPERTY  TAKEN. 

Section  160.  If  there  should  be  any  building  standing  in  whole 
or  in  part  upon  the  land  to  be  taken,  and  known  to  said  Commis- 
sion to  be  owned  by  any  persons  other  than  the  owner  of  the  land 


CITY  OF  ST.  CLOUD,  MINN. 


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whereon  the  same  is  situated,  said  Commission  shall  assess  said 
damages  to  said  building  separately;  otherwise  the  damages  to  any 
such  building  shall  be  as&essed  as  a part  of  the  real  estate  whereon 
the  same  is  located.  The  value  of  such  building,  or  of  the  part 
thereof  necessary  to  be  taken,  or  for  the  owner  to  remove  shall 
also  be  determined  by  said  Commission  and  placed  in  a proper 
column  therefor  in  the  assessment  roll.  The  owner  of  such  build- 
ing may  at  any  time  within  ten  days  after  the  date  of  publication 
of  the  notice  provided  for  in  the  next  section,  file  a notice  in  the 
office  of  the  City  Clerk  that  he  elects  to  take  such  building  or 
part  of  building  at  such  appraisal;  and  in  such  case  the  amount 
of  such  appraisal  shall  be  deducted  from  the  amount  of  damages 
assessed  to  such  building  or  the  property  of  which  such  building  is 
parcel;  and  the  owner  shall  have  such  time  for  the  removal  of  such 
building  after  the  confirmation  of  the  assessment  as  the  Commis- 
sion may  allow.  If  the  owner  shall  refuse  to  take  the  building  at 
the  appraisal,  or  fails  to  give  notice  of  his  election  as  aforesaid, 
within  the  time  prescribed,  then  no  ’deduction  shall  be  made  from 
the  estimated  damages  as  aforesaid;  and  the  said  Commission  shall 
after  the  confirmation  of  the  assessment,  and  after  the  money  is 
provided  and  set  apart  for  the  owner  thereof  for  his  damages,  be 
authorized  to  sell  such  building  or  part  of  building,  in  such  manner 
as  it  deemis  proper,  or  to  use  the  same  or  the  material  therein  for 
such  purposes  as  it  deems  proper.  All  funds  received  from  such 
sales  shall  be  paid  into  the  Permanent  Improvement  Fund. 

ASSESSMENT.  PROCEDURE  FOR  CONFIRMATION.  NOTICE. 

Section  161.  When  completed  said  Commission  shall  file  said 
assessment  roll  in  the  office  of  the  City  Clerk  and  said  Clerk  shall 
publish  a notice  thereof  , once  in  the  official  paper  of  the  City  which 
notice  may  be  substantially  in  the  following  form; 

“Notice  is  hereby  given  that  the  Commission  of  the  City  of 
St.  Cloud  has  filed  in  the  office  of  the  City  Clerk  the  assessment 

roll  for  Improvement  No which  consists  of  (here  insert  a 

brief  description  of  said  improvement  as  in  the  notice  provided  for 
in  Section  155)  and  that  all  objections  thereto  must  be  filed  in  said 
office  within  ten  days  from  the  date  of  the  publication  of  this  notice. 

“Dated,  


(Signed)  

City  Clerk.” 

The  owner  of  any  property  or  of  any  interest  in  property  af- 
fected by  said  improvement  who  deems  himself  aggrieved  by  such 
assessment  may  file  his  objection  thereto  in  writing  in  the  office  of 
the  City  Clerk  within  ten  days  from  the  date  of  the  publication  of 
said  notice.  At  any  time  or  times  after  the  expiration  of  such  ten 
days  the  Commission  may  consider  said  assessment  and  the  objec- 
tions filed  thereto.  Any  person  filing  objections  may  appear  before 
said  Commission  either  in  person  or  by  counsel.  The  Commission 
may  after  full  consideration  confirm  said  assessment  or  any  part 
or  portion  thereof  or  annul  the  same  or  any  portion  or  any  por- 
tions thereof  or  re-consider,  revise,  modify,  change  or  make  over 
the  eame  in  any  respect  that  it  may  see  fit.  The  determination  of 


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the  Commission  shall  be  by  an  order  entered  in  its  minutes  sub- 
stantially in  the  following  form,  or  in  any  other  form  the  Com- 
mission may  prescribe: 

“The  Commission  hereby  annuls  the&e  portions  of  the  assess- 
ments for  Improvement  No.  , to-wit:  (Briefly  indicate  por- 

tions annulled.  If  none,  insert  the  word  “none”);  and  hereby  con- 
firm all  portions  of  the  same  not  annulled.” 

If  corrections  shall  be  made  in  said  assessment  roll  upon  said 
hearing  or  any  hearing  had  by  said  Commission  thereon,  said  cor- 
rections may  be  made  upon  the  face  of  said  original  assessment 
roll  or  noted  thereon  or  a new  assessment  roll  may  be  prepared 
in  place  and  lieu  of  the  one  first  filed,  but  in  either  event  the  same 
shall  be  as  valid  and  effective  as  if  no  change  had  been  made  in 
said  original  assessment  roll  and  the  same  had  been  confirmed 
without  objection. 

After  said  assessments  shall  have  been  confirmed  and  all  por- 
tions thereof  that  have  not  been  confirmed  shall  have  been  an- 
nulled, the  City  Clerk  shall  cause  a brief  notice  to  be  published 
once  in  the  official  paper  of  the  City  which  shall  be  substantially 
in  the  following  form: 

“Notice  is  hereby  given  that  the  Commission  of  the  City  of 
St.  Cloud  have  confirmed  assessment  for  Improvement  No 

Dated  , 19-  • 


' City  Clerk.” 

ASSESSMENTS,  LEVY,  INSTALLMENTS.  ASSESSMENT  ROLL. 

Section  162.  Whenever  the  Commission  shall  confirm  any  such 
award  or  assessment  such  confirmation  shall  make  such  award  and 
assessment  final  and  conclusive  upon  all  parties  interested,  except 
as  hereinafter  provided,  and  the  Commission  shall  proceed  at  the 
same  or  any  subsequent  meeting  to  levy  such  assessment  upon  the 
several  parcels  of  land  described  in  said  assessment  roll  and  shall 
make  up  an  assessment  list  in  accordance  with  the  assessment  so 
confirmed.  Such  assessment  shall  all  be  levied  at  one  time,  but 
the  Commission  may  determine  at  the  time  of  making  the  same 
either  that  the  entire  amount  of  such  assessment  shall  be  included 
with  the  next  statement  of  taxes  transmitted  to  the  County  Aud- 
itor or  Auditors  of  the  county  or  counties  wherein  such  property 
is  situated  or  that  only  on  aliquot  part  thereof  shall  be  included 
in  said  statement  and  a like  aliquot  part  thereof  be  included  in  the 
statement  of  each  succeeding  year  until  the  whole  thereof  shall 
have  been  so  transmitted;  provided,  that  said  aliquot  parts  shall 
be  in  no  case  less  than  one-fifth  the  sum  levied  as  aforesaid.  In 
case  the  Commission  shall  determine  to  transmit  the  same  in  in- 
stallments it  shall  indicate  such  determination  by  placing  the  sev- 
eral installments  into  which  it  shall  divide  the  same  in  ^proper 
columns  therefor  in  the  assessment  roll.  Unless  so  indicated,  the 
entire  assessment  remaining  unpaid  shall  be  included  with  the  next 
statement  of  taxes  to  be  transmitted  as  aforesaid.  The  Commission 
shall  make  such  assessment  by  adopting  an  assessment  list  which 


CITY  OP  ST.  CLOUD,  MINN. 


5D 


may  be  in  substantially  the  following  form,  or  in  any  other  form 
that  the  Commission  may  adopt: 

“The  Commission  of  the  City  of  St.  Cloud  doth  hereby  levy  and 
assess  upon  and  against  the  several  lots  and  parcels  of  property 
below  described  the  respective  sums  of  money  set  against  each  lot 
or  parcel  for  Improvem'ent  No.  ....” 


OWNER 

DESCRIPTION 
OF  PROPERTY 

Lot 

Blk. 

Total 

Tax 

Paid 

FIRST  INSTALLMENT 

i 

Amount 

Paid  City  Treas. 

Delinquent 

191.. 

Amount 

Receipt 

No. 

“Done  at  a meeting  of  the  Commission  this  ....  day  of 

19. . 


Attest:  

City  Clerk.” 


Mayor. 


ASSESSMENTS  PARAMOUNT  LIEN. 

Section  163.  All  assessments  levied  under  the  provisions  of  the 
charter  shall  be  a lien  on  the  real  estate  upon  which  the  same  may 
be  imposed,  from  the  date  of  the  confirmation  of  such  assessment, 
and  of  equal  rank  with  the  lien  of  the  state  for  taxes  which  have 
been  or  may  be  levied  upon  said  property  under  the  general  laws 
of  the  State;  and  the  general  rules  of  law  as  to  priority  of  tax 
liens  shall  apply  equally  to  the  liens  of  such  assessments  and  to 
such  liens  for  general  taxes,  with  the  same  force  and  effect  as 
though  all  of  the  liens  aforesaid  and  all  of  the  taxes  and  assess- 
ments aforesaid,  were  of  the  same  general  character  and  imposed 
for  the  same  purpose  and  by  the  same  authority,  without  regard  to 
priority  in  point  of  time  of  the  attaching  of  either  of  said  liens,  and 
a sale  or  perfecting  title  under  either  shall  not  bar  or  extinguish 
tbe  other. 


CITY  CLERK  SHALL  KEEP  RECORD  OF  ALL  ASSESSMENTS. 

Section  164.  The  City  Clerk  shall  keep  in  his  office,  in  books 
provided  for  that  purpose,  a correct  record  of  all  assessments,  con- 
firmed by  the  Commission;  the  said  books  to  be  properly  ruled  and 
headed  so  as  to  contain  at  all  times  a substantial  description  and 
history  of  each  assessment  on  each  lot  and  parcel  of  ground, 
whether  payable  in  installments,  as  hereinafter  provided,  and  wheth- 
er paid  to  the  City  or  County  Treasurer  or  whether  remaining 
unpaid.  The  assessment  list  and  the  record  thereof  kept  by  the 


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City  Clerk  shall  be  competent  and  sufficient  evidence  that  the  as- 
sessment roll  was  duly  adopted  and  the  assessment  list  duly  made 
and  adopted,  and  that  all  other  proceedings  antecedent  to  the  adop- 
tion of  such  assessment  list  were  duly  had,  taken  and  performed, 
as  required  by  this  charter,  and  no  omission,  informality  or  ir- 
regularity in  proceedings  in  or  preliminary  to  the  making  of  any 
special  assessment  shall  affect  the  validity  of  the  same;  and  no 
failure  of  the  City  Clerk  to  record  the  assessment  list  or  to  deliver 
the  same  or  the  statement  of  the  contents  thereof  provided  by  this 
chapter  to  the  County  Auditor  on  or  before  the  time  prescribed  for 
such  delivery  or  to  do  any  other  act  or  thing  of  him  required,  shall 
in  any  way  invalidate  any  assessment;  and  no  variance  from  the 
directions  herein  contained,  as  to  the  form  or  manner  of  any  pro- 
ceedings, shall  be  held  material,  unless  it  can  be  shown  that  the 
party  objecting  was  materially  injured  thereby. 

WARRANT  FOR  ASSESSMENTS. 

Section  165.  When  any  special  assessment  shall  be  confirmed  and 
setablished  by  the  Commission  as  herein  provided  for,  it  shall  be 
the  duty  of  the  City  Clerk,  to  issue  a warrant  for  the  collection 
thereof,  which  shall  be  under  the  seal  of  the  City  and  signed  by 
the  Mayor  and  City  Clerk,  and  shall  contain  a printed  or  written 
copy  of  the  assessment  roll  as  confirmed,  or  so  much  thereof  as 
describes  the  real  estate  and  the  amount  of  the  assessment  in 
each  case. 

WARRANT  DELIVERED  TO  CITY  TREASURER. 

Section  166.  All  warrants  issued  for  the  collection  of  any 
special  assessment  by  the  City  and  herein  authorized,  shall  be 
delivered  by  the  City  Clerk  to  the  City  Treasurer  as  soon  as  prac- 
ticable after  the  said  assessment  has  been  confirmed  and  estab- 
lished. The  City  Clerk  ehall  in  each  instance  take  a receipt  for 
such  warrants  and  place  the  same  on  file. 

TREASURER  TO  ORDER  NOTICE  ON  WARRANT. 

Section  167.  Upon  the  receipt  of  any  warrant  for  collection 
of  any  special  assessment,  the  City  Treasurer  shall  forthwith  give 
notice  by  one  publication  in  the  official  newspaper  that  such  war- 
rant is  in  his  hands  for  collection,  briefly  describing  its  nature  and 
the  improvement  for  which  assessment  was  made,  and  the  territory 
embraced  in  such  assessment,  provided  that  when  such  assessment 
is  for  sprinkling,  a reference  in  such  notice  to  the  number  of  the 
sprinkling  district  for  the  sprinkling  of  which  such  assessment  has 
been  made,  shall  be  deemed  a sufficient  reference  to  the  territory 
embraced  in  such  assessm’ent.  Such  notice  shall  require  all  per- 
sons interested  to  make  payments  within  thirty  days  from  the  date 
of  such  notice. 

RETURN  OF  CITY  TREASURER  TO  CITY  CLERK  OF  DELIN- 
QUENT ASSESSMENTS. 

Section  168.  If  the  assessment  charged  in  any  special  assess- 
ment warrant  made  for  any  improvement,  shall  not  be  paid  within 
thirty  days  after  the  publication  of  said  notice  by  the  City  Treas- 
urer, he  shall  return  to  the  City  Clerk,  .a  list,  duly  certified,  of  the 
assessments  which  still  remain  unpaid,  giving  in  such  list  the  de- 


CITY  OF  ST.  CLOUD,  MINN. 


61 


scription  of  the  several  lots  and  parcels  on  which  the  assessments 
have  not  been  paid,  with  the  names  of  the  respective  owners  thereof, 
if  known,  and  the  several  amounts  assessed  thereto. 

CITY  CLERK  TO  TRANSMIT  LIST  TO  COUNTY  AUDITOR. 

Section  169.  The  City  Clerk  shall  on  or  before  the  first  day  of 
November  following,  cause  a statement  of  the  amount  of  said  de- 
linquent assessments  except  assessm'snts  that  have  been  appealed 
to  the  District  Court  as  hereinafter  provided,  with  eight  per  cent 
annual  interest  thereon  computed  from  the  time  said  assessments 
became  delinquent  to  the  first  day  of  October  of  the  year  next  fol- 
lowing the  making  of  said  assessment  added  thereto,  with  a descrip- 
tion of  the  several  lots  and  parcels  of  land  on  which  the  same  are 
made,  and  the  names  of  the  respective  owners  thereof,  if  known, 
to  the  Auditor  of  the  County  in  which  such  land  is  located,  who 
shall  enter  the  several  amounts  of  said  unpaid  assessments  and  in- 
terest as  aforesaid  upon  the  tax  duplicate  of  such  County  at  the 
time  said  duplicates  are  made  up,  and  collected  in  like  manner  as 
State  and  County  taxes  are  collected. 

Any  owner  or  person  interested  in  any  land  against  which  there 
is  an  assessment,  may  pay  the  whole  amount  thereof  at  any  time 
before  the  roll  is  placed  in  the  hands  of  the  County  Treasurer,  to 
the  City  Treasurer  and  receive  his  receipt  for  the  same,  counter- 
signed by  the  City  Clerk  which  shall  be  sufficient  authority  upon 
presentation  to  the  Auditor,  for  which  to  mark  the  assessment 
“Paid”  upon  his  roll,  or  upon  a certified  statement  filed  with  him 
by  the  City  Clerk;  but  after  the  tax  roll  has  been  delivered  to  the 
County  Treasurer  for  collection,  the  said  assessment  must  be  paid 
to  him,  subject  to  the  penalties  allowed  by  law. 

The  same  penalties  and  interest  shall  attach  and  be  collected 
by  the  County  Treasurer  on  assessments  as  upon  general  taxes, 
which  penalties  and  interest  shall  belong  to  the  City  and  be  turned 
over  by  said  Treasurer  to  the  City  with  the  assessments. 

ASSESSMENTS  PAYABLE  IN  INSTALLMENTS. 

Section  170.  The  Commission  shall  have  power  and  authority 
to,  and  may  by  resolution  in  writing,  adopted  by  an  affirmative  vote 
of  a majorityof  its  members,  extend  the  time  for  the  payment  of 
any  assessment  made  and  confirmed  by  it  for  tbe  purpose  desig- 
nated in  this  charter  against  any  lot  or  parcel  of  land  and  may 
provide  that  such  assessment  be  paid  in  annual  installments  of  any 
number  not  exceeding  ten.  Said  installments  to  bear  interest  at  a 
rate  not  exceeding  eight  per  cent  per  annum.-  When  such  assess- 
ment is  fully  completed  and  has  been  confirmed  and  established, 
the  Commission  shall  by  resolution,  determine  the  number  of  an- 
nual installments,  if  any,  in  which*  assessments  may  be  paid,  which 
resolution  shall  be  attached  to  and  form  a part  of  such  assess- 
ment roll. 

NOTICE  OP  ASSESSMENTS  PAYABLE  IN  INSTALLMENTS. 

Section  171.  If  the  Commission  shall  adopt  the  resolution, 
specified  in  the  foregoing  section,  the  City  Treasurer  shall  in  his 
notice  that  the  warrants  are  in  his  hands  for  collection,  include  a 
notice  that  the  owner,  or  any  person  interested  in  any  lot  or  parcel 


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so  assessed  and  described  in  such  assessment,  may  at  his  election 
and  written  request  pay  the  sum  assessed  in  inistallments,  as  d'ss- 
ignated  in  said  resolution, 

NOTICE  OF  ELECTION  BY  PROPERTY  OWNER. 

Section  172.  Any  person  desiring  to  pay  such  assessment  in 
installments,  as  a condition  precedent  to  the  exercising  of  such 
right,  shall  file,  in  duplicate,  a written  notice  of  hiis  election  to 
pay  in  annual  installments,  within  thirty  days  after  such  publica- 
tion, and  before  such  assessment  becomes  delinquent,  with  the  City 
Treasurer,  and  at  the  same  time  pay  the  first  installment  then  due 
and  payable;  upon  failure  to  file  such  notice  and  pay  such  first 
installment,  the  whole  of  such  assessment  shall  be  due  and  payable 
the  same  as  though  no  extension  of  time  for  payment  had  been 
provided  for. 

Upon  the  filing  of  such  notice  by  any  person  interested,  the 
City  Treasurer  shall  divide  the  said  assessment  into  the  proper 
installments,  and  make  record  of  the  same,  and  transmit  one  of 
such  duplicate  notices  to  the  City  Clerk,  who  shall  note  such  fact 
in  his  record  book  of  assessments. 

The  Commission  may  at  any  time  after  an  assessment  becomes 
delinquent  and  before  the  same  is  certified  to  the  County  Auditor, 
upon  the  written  application  of  the  owner,  waive  the  neglect  to  so 
elect  within  the  proper  time,  and  permit  any  assessment  which  has 
become  delinquent  to  be  paid  in  installments  as  hereinbefore  pro- 
vided. 

INSTALLMENTS  TO  DRAW  INTEREST.  WHEN  DUE. 

Section  173.  Each  of  said  installments  shall  bear  interest,  pay- 
able annually  at  a rate  not  exceeding  eight  per  cent  per  annum,  as 
hereinbefore  provided,  from  the  expiration  of  thirty  days  after  the 
publication  of  the  notice  provided  in  section  167  of  this  chapter. 

The  time  for  the  payment  of  installments,  and  for  the  enforce- 
ment of  the  same  against  the  property  affected  by  the  assessments, 
shall  be  extended  so  that  the  several  amounts  shall  become  payable 
as  follows: 

The  first  installment  as  provided  in  Section  167,  the  second  in- 
stallment on  October  first  of  the  succeeding  year,  the  third  install- 
ment on  October  first  of  the  second  succeeding  year,  etc.;  each 
installment  excepting  the  first  shall  be  due  and  payable  on  the 
first  of  October  of  the  year  when  payable. 

INSTALLMENTS  NOT  PAID  WHEN  DUE. 

Section  174.  After  the  time  for  payment  of  any  assessment  has 
been  so  extended  and  divided  into  installments  as  aforesaid,  if  any 
installment  so  extended  shall  not  be  paid  when  it  becomes  due, 
together  with  the  interest  to  that  time  on  all  future  installments, 
the  City  Treasurer  shall  on  the  fifth  day  of  Ocober  in  each  year 
certify  to  the  City  Clerk,  such  extended  installment  which  became 
due  on  the  first  day  of  October  in  that  year,  and  which  has  not 
been  paid,  together  with  all  interest  then  due  and  unpaid  on  the 
whole  assessment  and  interest  on  the  whole  assessment  to  the  first 
day  of  the  following  October,  as  a special  tax  on  said  property,  in 
the  same  manner  as  other  delinquent  assessments  in  his  hands  for 


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collection.  The  City  Clerk  shall  thereupon  certify  the  same  to  the 
Auditor  of  the  County  in  which  such  land  is  located,  in  the  same 
manner,  at  the  same  time,  and  with  the  same  penalty  added  thereto, 
as  in  cases  of  other  delinquent  assessments' and  in  all  respects  as 
provided  in  and  by  section  167 ; the  County  Auditor  upon  receipt 
thereof,  shall  enter  and  carry  out  the  same  upon  the  proper  tax 
duplicates  of  the  County,  in  the  same  manner  as  in  other  cases  of 
unpaid  assessments  certified  to  him  under  the  provisions  of  this 
charter,  and  the  same  shall  thereupon  be  collected  and  payment 
thereof  enforced  the  same  as  other  taxes  on  real  estate  are  col- 
lected and  enforced,  and  when  collected  paid  over  to  the  City 
Treasurer. 

INSTALLMENTS  MAY  BE^  PAID  BEFORE  DUE. 

Section  175.  Any  owner  or  person  interested  in  any  land 
against  which  an  assessment  has  been  levied,  may,  after  such  as- 
sessment has  been  divided  into  installments,  pay  all  of  the  install- 
ments at  any  time  before  maturity,  but  in  such  event  shall  pay  in- 
terest thereon  to  the  first  day  of  October  immediately  following 
such  payment. 

INSTALLMENTS  PARAMOUNT  LIEN. 

Section  176.  Every  installment,  the  time  of  payment  of  which 
has  been  extended  shall  constitute  and  continue  to  be  a paramount 
lien  in  favor  of  the  City  and  against  the  lots  or  parcels  of  land  as 
to  which  said  extension  is  granted,  for  the  amount  so  extended  for 
each  lot  or  parcel  until  the  same  is  fully  paid. 

ELECTION.  WAIVER  OP  DEFECTS. 

Section  177.  Any  person  making  an  election  to  pay  in  install- 
ments as  provided  in  section  172,  hie  heirs;  personal  representatives 
or  assigns  of  any  lot  or  parcel  of  land  as  to  which  an  extension 
has  been  granted,  shall  be  held  to  have  recognized,  and  assented  to, 
the  validity  and  regularity  of  said  assessments,  and  of  all  proceed- 
ings had  thereon  prior  to  the  granting  of  said  application,  and  shall 
thereby  forever  be  estopped  from  denying  the  validity  of  said  as- 
sessment or  the  amount  thereof. 

COMMISSION  MAY  ISSUE  WARRANTS. 

Section  178.  The  Commission  is  hereby  authorized  in  anticipa- 
tion of  the  levy,  and  collection  of  such  assessment,  whether  divided 
into  installments  or  not,  to  issue  warrants  on  the  permanent  im- 
provement revolving  fund,  payable  at  such  times,  and  in  such 
amounts  as  in  the  judgment  of  the  Commission  the  said  assess- 
ments will  provide  for,  which  warrants  shall  bear  interest  at  a rate 
not  exceeding  eight  per  cent  per  annum,  payable  annually,  on  the 
first  day  of  October,  and  may  have  coupons  attached  representing 
each  year’s  interest.  Such  warrants  shall  be  non-assessable  and 
shall  state  upon  their  face  for  what  purpose  they  are  issued,  and 
that  they  are  payable  out  of  the  permanent  improvement  revolving 
fund,  and  shall  be  signed  by  the  Mayor  and  countersigned  by  the 
City  Clerk  under  the  seal  of  the  City,  and  be  in  denominations  of 
not  more  than  one  thousand  dollars  each.  Such  warrants  may  be 
used  in  making  payments  on  contracts  for  making  the  improve- 


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ments  for  whicli  the  ass'essments  are  made,  or  may  be  sold  for 
cash,  at  not  less  than  the  par  value  thereof,  and  the  proceeds  thereof 
credited  to  the  permanent  improvement  revolving  fund,  and  used 
for  paying  for  the  said  improvement.  It  shall  he  the  duty  of  the 
City  Treasurer  to  endorse  on  each  warrant  issued  as  aforesaid,  on 
presentation  to  him,  the  post  office  address  of  the  owner,  and  in 
case  of  assignment  of  any  such  warrant,  the  holder  thereof  shall 
present  the  same  to  the  City  Treasurer  for  endorsement  of  the  post 
office  address  of  such  assignee.  The  City  Treasurer  shall  keep  a 
proper  record  of  the  post  office  addresses  of  the  holders  of  all  war- 
rants issued  as  aforesaid.  It  shall  be  the  duty  of  the  City  Treasurer 
to  pay  such  warrants  and  interest  coupons  as  they  mature  and  are 
presented  for  payment,  out  of  the  fund  on  which  they  are  drawn  and 
to  cancel  the  same  when  paid.  Any  indebtedness  created  by  the 
issuance  of  any  such  warrats  shall  not  he  deemed  a part  of  the 
total  indebtedness  of  the  City,  which  the  City  is  hereinbefore  for- 
bidden to  incur  to  exceed  10  per  cent  of  the  total  value  of  the  tax- 
able property  in  such  City  according  to  the  last  preceding  assess- 
ment for  City  purposes. 

Every  warrant  issued  as  aforesaid  shall  contain  the  following 
proviso: 

“The  City  of  St.  Cloud  reservee  the  right  to  pay  this  warrant 
and  accrued  interest  at  any  time  upon  giving  the  holder  thereof 
thirty  days  notice.” 

Whenever  there  are  fnuds  in  the  permanent  improvement  re- 
volving fund  that  may  be  properly  applied  to  the  payment  of  any 
such  outstanding  warrant,  it  shall  be  the  dpty  of  the  City  Treasurer 
to  notify  the  holder  of  such  warrant  that  there  is  money  in  the  City 
Treasury  for  the  payment  of  the  same.  Said  notice  may  be  given 
by  mail  addressed  to  the  last  known  post  office  address  of  the 
owner  of  said  warrant,  and  if  such  address  is  unknown,  such  notice 
shall  be  addressed  to  such  person  at  St.  Cloud,  Minnesota.  Proof 
of  such  mailing  shall  he  made  by  the  affidavit  of  the  person  mailing 
the  same,  and  shall  state  the  time  and  manner  of  mailing,  and  how 
each  notice  was  addressed,  and  such  affidavit  shall  be  filed  and 
preserved  in  the  office  of  the  City  Treasurer.  Said  warrant  shall 
draw  no  interest  after  thirty  days  from  the  mailing  of  said  notice. 

APPEALS  AND  APPELATE  PROCEDURE. 

Section  179.  Any  person  whose  property  has  been  assessed  or 
appropriated  and  who  has  filed  objections  thereto,  as  hereinbefore 
provided,  shall  have  the  right  to  appeal  from  such  confirmation  to 
the  District  Court  of  the  County  in  which  the  real  estate  affected  by 
said  improvement  is  situate  at  any  time  within  twenty  days  after 
the  date  of  the  publication  of  the  last  notice  provided  for  in  section 
161  of  this  chapter.  Said  appeal  shall  be  made  by  filing  with  the 
City  Clerk  of  said  City  a written  notice  thereof  referring  to  the 
objections  filed  by  the  appellant  as  aforesaid  and  specifying  the 
property  of  the  appellant  concerning  which  said  appeal  is  taken 
and  by  also  filing  with  said  Clerk  a bond  to-  the  City  of  St.  Cloud 
in  the  sum  of  one  hundred  dollars,  executed  by  the  appellant  or 
someone  in  his  behalf,  with  two  or  more  sureties  who  shall  justify, 
and  conditioned  to  pay  all  costs  that  may  be  awarded  against  the 
appellant.  Thereupon  the  City  Clerk  shall  make  out  and  file  with 


CITY  OF  ST.  CLOUD,  MINN. 


65 


the  Clerk  of  said  Court  a copy  of  the  assessment  roll,  affecting  the 
property  specified,  as  confirmed  by  the  Commission  and  of  the  order 
of  the  Commission,  confirming  the  same  and  of  the  objections  filed 
by  the  appellant  and  of  the  notice  of  appeal  filed  by  the  appellant 
and  of  such  other  papers  and  records  in  relation  thereto  as  said 
appellant  shall  require,  all  certified  by  said  Clerk  to  be  true  copies 
within  ten  days  after  taking  of  said  appeal;  but  if  more  than  one 
appeal  shall  be  taken  from  the  same  confirmation  of  assessment, 
it  shall  not  be  necessary  that  the  Clerk,  in  appeals  subseqent  to 
the  first,  file  a copy  of  any  of  the  papers  or  records  in  relation  to 
said  Improvement  which  had  theretofore  been  filed  upon  such  prior 
appeal.  Such  assessment  roll  and  certified  copies  thereof  shall  be 
prima  facia  evidence  that  all  assessments  appearing  thereon  are 
just  and  valid  and  that  all  property  to  be  condemned  as  indicated 
by  the  description  of  said  improvement  has  been  legally  condemned. 
After  the  filing  of  said  copies  by  the  City  Clerk  it  shall  be  the  duty 
of  the  Clerk  of  the  District  Court  Court  of  the  proper  county  with- 
out the  filing  of  a notice  of  issue  or  a notice  of  trial  to  place  said 
appeals  upon  the  next  general  term  calendar  of  said  District  Court 
and  said  appeals  shall  have  the  preference  in  order  of  trial  over  all 
civil  cases  in  said  Court.  There  shall  be  no  pleadings  on  such  ap- 
peal and  the  only  question  that  shall  be  considered  or  passed  upon 
shall  be  whether  the  charter  of  said  City  authorized  said  City  to 
make  said  improvements  and  said  assessments  and  whether  said 
assessments  in  so  far  as  they  affect  tbe  property  specified  in  the 
notice  of  appeal  are  fair  and  impartial  and  whether  or  not  the  Com- 
mission of  said  City  had  jurisdiction  to  make  said  assesments.  The 
Court  shall  determine  in  the  first  instance  whether  said  City  had 
authority  to  make  said  improvements  and  said  assessments  and 
whether  said  Commission  had  jurisdiction  in  the  premises;  and  in 
case  said  City  had  not  authority  to  make  such  improvements  or  any 
portion  or  portions  thereof  but  had  jurisdiction,  said  Court  shall 
annuli  only  so  much  of  said  assessment  as  shall  be  in  excess  of 
such  authority  and  which  affect  the  property  of  the  appellants  and 
shall  confirm  so  much  of  the  same  affecting  the  property  of  the 
appellant  as  said  City  had  authority  to  make.  If  said  Court  shall 
determine  that  said  Commission  acted  without  jurisdiction,  then  in 
that  event  the  assessment  shall  be  entirely  reversed  but  without 
prejudice  to  such  proceedings  as  may  thereafter  be  had  touching 
the  subject  matter  thereof  by  the  Commission  of  said  City.  In  case 
the  amount  of  the  assessment  is  complained  of  by  such  appellant 
and  if  the  proceedings  or  any  portion  thereof  shall  be  confirmed  as 
within  the  authority  of  the  City  and  the  City  shall  not  have  filed  a 
notice  that  it  abandons  said  proceedings,  then  the  issue  as  to  the 
proper  assessment  of  benefits  or  damages  to  the  property  of  said 
appellant  shall  be  tried  before  a jury  the  same  as  other  issues  of 
fact  are  tried,  and  the  verdict  of  said  jury  when  rendered  if  unap- 
pealed from  shall  be  conclusive  as  to  tbe  amount  of  tbe  benefits  or 
damages  suffered  or  sustained  by  the  real  estate  of  said  appellants. 
Said  appeals  may  be  tried  separately  or  consolidated  and  tried  to- 
gether in  the  discretion  of  the  court  or  a portion  thereof  may  be 
tried  together  and  the  balance  separately  in  the  discretion  of  the 
court. 


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JUDGMENT  UPON  APPEAL. 

Section  180.  Upon  the  final  determination  of  all  of  said  appeals 
in  the  District  Court  judgment  shall  be  entered  which  shall  fully 
state,  disclose  and  specify  all  orders  of  the  Court  which  may  have 
been  made  upon  said  appeals  and  the  final  assessment  of  the  benefits 
or  damages  to  each  tract  of  land  involved  therein  stated  separately, 
together  with  a statement  of  the  costs,  if  any,  chargeable  against 
the  City  upon  said  appeal  and  if  the  said  City  shall  recover  costs 
against  the  appellants,  then  the  amount  which  said  City  is  en- 
titled to  recover;  and  the  results  of  all  of  said  appeals  may  be 
stated  in  one  judgment  or  in  several  judgments  as  said  Court  or  the 
judge  thereof  may  direct,  and  there  may  be  as  many  judgments  as 
there  are  appellants  in  the  discretion  of  said  court.  Whenever  and 
as  soon  as  final  judgments  are  entered  in  said  District  Court,  the 
clerk  thereof  shall  make  certified  copies  of  same  and  transmit  the 
same  to  the  clerk  of  said  City  who  shall  file  said  certified  copies 
in  his  office,  and  as  soon  thereafter  as  shall  be  practicable  said 
Commission  shall  if  said  improvement  is  not  abandoned  correct  the 
assessment  roll  theretofore  adopted  for  said  improvement  in  the 
respects  indicated  by  said  judgments  and  change  and  correct  the 
same  in  all  respects  as  therein  required  to  be  changed  and  cor- 
rected and  re-adopt  said  assessment  roll  by  proper  resolution  to 
that  effect  and  thereupon  prepare  and  adopt  the  assessment  list 
hereinbefore  specified  and  provided,  proceedings  upon  which  shall 
be  in  all  respects  as  is  hereinbefore  provided, 

ABANDONMENT  OF  IMPROVEMENT.  COSTS. 

Section  181.  The  Commission  shall  have  the  right  at  any  time 
prior  to  the  first  day  of  the  term  of  Court  at  which  any  appeals 
from  said  assessments  for  improvements  shall  be  reached  for  trial, 
or  at  any  time  within  ninety  days  after  the  final  order  of  the  Court 
on  any  appeal  from  such  proceedings,  to  abandon  said  improvement 
or  any  part  or  portions  thereof  and  all  proceedings  therein  or  any 
of  the  same,  whenever  it  shall  deem  it  for  the  interest  of  the  City 
so  to  do.  But  such  abandonment  shall  not  relieve  the  City  from 
the  payment  of  such  costs  as  may  have  been  incurred  by  appellants 
and  which  are  properly  chargeable  against  said  city  upon  any  ap- 
peal that  may  have  been  taken. 

PAYMENT  OF  AWARD.  TITLE  ACQUIRED.  BOND  FOR  DAM- 
AGES. 

Section  182.  When  , any  assessment  shall  have  been  confirmed 
by  the  Commission  and  no  appeal  shall  have  been  taken  therefrom, 
or  if  an  appeal  shall  have  been  taken  when  judgment  shall  have 
been  rendered  thereon,  the  same  shall  constitute  and  be  a lawful 
and  sufficient  condemnation  and  appropriation  to  public  use  of  the 
land  and  property  and  rights  in  property  sought  to  be  appropriated 
by  said  improvement,  and  the  Commission  shall  thereupon  cause 
to  be  paid  to  the  owners  of  said  property  the  amount  awarded  to 
each  severally;  but  may  defer  such  payments  until  the  special  as- 
sessments therefor,  if  any,  shall  have  been  collected  and  paid  into 
the  City  Treasury.  Before  payment  of  such  award,  the  owner  of 
such  property  or  the  claimant  of  the  award  shall  if  required  by  said 
Commission  furnish  an  abstract  of  title  showing  himself  entitled 


CITY  OF  ST.  CLOUD,  MINN. 


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to  all  the  comp’ensation  and  damages  claimed.  In  case  of  neglect 

to  furnish  such  abstract  or  of  doubt  as  to  who  is  entitled  to  such 

compensation  or  damage,  or  any  part  of  the  same,  the  amount  so 
awarded  shall  be  by  the  Commission  appropriated  and  set  apart  in 
the  City  Treasury  for  whoever  shall  show  clear  right  *to  receive  the 
same.  The  Commission  may  in  its  discretion  require  of  such  claim- 
ant a bond  with  good  and  sufficient  sureties  conditioned  to  indem- 
nify and  save  the  City  harmless  against  all  other  claims  for  such 
compensation  or  damages,  or  for  the  property  for  which  the  same 
was  awarded  and  all  loss,  costs  or  expenses  on  account  of  such 
claims.  The  Commission  may  also,  in  case  of  doubt,  to  whom  the 
compensation  and  damages  awarded  should  be  paid,  deposit  the 
same  with  the  Clerk  of  the  District  Court,  of  the  counties  in  which 
said  property  is  located,  for  whomever  shall  prove  himself  entitled 

thereto,  and  in  such  ca&e  the  parties  entitled  to  the  same  shall 

establish  their  right  thereto  by  a petition  to  the  said  District  Court, 
setting  up  the  facts  entitling  them  thereto,  and  by  proving  the  same 
to  the  satisfaction  of  said  court;  and  when  so  established  the  court 
shall  make  an  order  directing  to  whom  the  same  shall  be  paid. 
Upon  the  payment  of  said  award  or  appropriation,  or  the  setting 
apart  of  the  money  therefor  as  aforesaid,  or  the  payment  of  the 
same  into  court  aforesaid,  the  City  shall  become  vested  with  the 
title  to  the  property  taken  and  condemned  absolutely  for  all  pur- 
poses for  which  the  City  may  ever  have  occasion  to  use  the  same, 
and  may  forthwith  enter  upon  and  use  the  same.  Provided,  how- 
ever, that  the  City  shall  not  be  hindered,  delayed  or  prevented  by 
the  prosecution  of  an  appeal  by  any  person  as  hereinbefore  pro- 
vided for,  from  entering  upon  and  appropriating  such  property  to 
the  use  for  which  the  same  is  condemned,  if  the  City  shall  after 
such  an  appeal  has  been  taken,  by  its  Mayor,  execute  and  file  with 
the  Clerk  of  the  District  Court  of  the  counties  in  which  property 
is  located,  a bond  to  be  approved  by  said  Clerk,  payable  to  the  ap- 
pellant, conditioned  that  the  City  shall  pay  whatever  sum  shall 
finally  be  awarded  as  damages  to  such  property  so  condemned  and 
appropriated,  less  such  sum  as  shall  be  assessed  thereon  as  benefits. 
The  Mayor  of  the  City  is  hereby  authorized  and  empowered  to 
execute  such  bond  in  behalf  of  the  City. 

ERRORS  NOT  TO  VITIATE  ASSESSMENTS. 

Section  183.  No  error  or  omission  which  may  have  been  here- 
tofore, or  shall  be  hereafter  made  in  the  proceedings  of  the  Com- 
mission or  of  any  officers  of  said  City  concerning  any  local  improve- 
ment provided  for  in  this  chapter  or  in  any  assessment  therefor, 
not  affecting  the  substantial  justice  of  the  assessment  itself,  as  to 
the  amount  thereof,  shall  vitiate  or  in  any  way  affect  such  assess- 
ment. 

ASSESSMENTS  MAY  BE  MADE  ANEW.  WHEN. 

Section  184.  If  any  special  assessment  heretofore  made  or  that 
shall  hereafter  be  made  by  the  Commission  or  under  its  direction, 
to  defray  the  expense  of  any  local  improvement  or  the  building  or 
repairing  of  any  sidewalk  has  been  or  shall  be,  either  in  whole  or 
in  part  annulled,  vacated  or  set  aside  by  the  judgment  of  any  court, 
or  if  the  Commission  shall  be  satisfied  that  any  such  assessment  is 


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so  irregular  or  defective  that  the  same  cannot  be  enforced  or  col- 
lected, or  if  said  Commission  ehall  have  omitted,  or  shall  hereafter 
omit  to  make  such  assessment  at  or  before  the  making  of  the  im- 
provement, the  Commission  may  anew  or  thereafter  make  a new 
assessment  of  the  cost  of  such  improvement  or  improvements  upon 
the  property  benefited  thereby  in  the  same  manner  as  near  as  may 
be  that  such  assessment  or  assessments  should  have  been  originally 
made,  and  in  case  any  such  assessment  shall  be  annulled,  the  Com- 
mission may  make  other  and  additional  assessments  until  a valid 
assessment  shall  be  made;  but  nothing  in  this  section  shall  auth- 
orize a new  assessment  in  cases  where  such  court  shall  determine 
that  the  lots  or  land  are  not  subject  to  assessment.  After  such 
new  assessment  roll  shall  be  adopted,  the  City  Clerk  shall  note 
thereon  against  any  piece  of  land  upon  which  a former  assessment 
for  the  same  improvement  has  been  paid,  the  word  “Paid”  which 
shall  cancel  such  assessment  on  that  parcel;  and  in  all  cases  where 
a judgment  in  favor  of  said  city  has  been  heretofore  or  shall  be 
hereafter  refused  or  denied  by  any  court,  or  where  any  court -has 
heretofore  or  shall  hereafter  set  aside  or  declare  void  any  assess- 
ment upon  any  parcel  of  land  for  any  cause,  the  said  lots  or  parcels 
of  land  may  be  assessed  or  newly  assessed  from  time  to  time,  until 
each  separate  lot,  piece  or  parcel  of  land  has  paid  its  proportionate 
part  of  the  cost  and  expense  of  said  improvement  as  near  as  may 
be.  In  case  the  amount  of  such  reassessment  shall  be  less  than 
the  first  assessment,  the  deficit  may  be  paid  out  of  the  Permanent 
Improvement  Fund.  In  case  of  such  reassessment,  the  proceedings 
may  be  either  as  in  case  of  any  original  special  assessment  for  the 
same  purpose,  or  by  taking  up  the  previous  proceedings  at  any  point. 
In  case  any  such  assessment  adjudged  invalid  shall  have  been  trans- 
mitted to  the  County  Auditor  for  collection,  the  Commission  may  in 
its  discretion  notify  him  to  cease  the  collection  of  the  same. 

ADDITIONAL  ASSESSMENTS  FOR  DEFICIT. 

Section  185.  If  in  any  case  the  first  assessment  to  pay  for  any 
local  improvement  which  has  heretofore  been,  or  shall  bereafter  be 
ordered  by  the  Commission,  either  before  or  after  such  improve- 
ment is  completed,  shall  prove  insufficient  to  fully  pay  for  the  same, 
whether  such  work  was  done  before  the  adoption  of  this  charter 
or  otherwise,  the  Commission  may  assess  and  re-assess  the  same 
upon  the  property  benefited  until  a sufficient  amount  is  realized  to 
pay  the  same.  If  too  large  an  amount  shall  at  any  time  be  raised 
the  excess  shall  be  refunded  ratably  to  those  by  whom  it  was  paid, 
if  the  Commission  shall  so  order,  it  being  the  true  intent  and  mean- 
ing of  this  act  to  assess  and  re-assess  the  property  benefited  to  the 
extent  of  such  benefits  for  any  deficiency  over  and  above  the  first 
assessment  which  said  improvement  may  cost,  whether  the  eaid 
improvement  has  heretofore  been  made  or  may  hereafter  be  made. 
And  no  error  or  omission  or  irregularity,  whether  jurisdictional  or 
otherwise,  shall  prevent  a re-assessment  to  the  extent  of  the 
benefits  conferred  by  such  improvement. 

PAYMENT  TO  TREASURER.  RECEIPTS. 

Section  186.  After  any  special  assessment  roll  shall  have  been 
adopted,  and  before  the  assessment  or  installments  thereon  shall 


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CITY  OF  ST.  CLOUD,  MINN. 


have  been  transmitted  to  the  County  Auditor  for  collection,  any 
assessment  thereon  or  any  installment  or  installments  thereon  may 
be  paid  direct  to  the  City  Treasurer  of  said  City  who  shall  issue 
receipts  in  duplicate  therefor,  and  forthwith  deliver  one  of  said 

receipts  to  the  person  making  such  payment,  and  the  other  to  the 

City  Clerk;  and  upon  the  presentation  of  either  of  said  receipts  to 
the  City  Clerk,  he  shall  enter  upon  the  record  of  such  assessment 
list  kept  in  his  office  opposite  the  assessment  or  installments  so 
paid,  in  a proper  column  entitled  “Paid  City  Treasurer,”  the  amount 
so  paid;  which  entry  shall  cancel  the  assessment  or  installment  or 
installments  so  paid,  and  the  same  shall  not  be  included  in  the; 
statement  transmitted  to  the  County  Auditor. 

ABBREVIATIONS  MAY  BE  USED. 

Section  187.  In  all  proceedings  concerning  improvements  and 
special  assessments  and  appraisements  therefor,  letters,  figures, 
characters  and  abbreviations  may  be  used  to  denote  lots,  parts  of 
lots,  lands  and  blocks,  sections,  townships,  ranges  and  parts  thereof, 
the  year  and  the  amounts. 

LIABILITY  FOR  NEGLECT  OF  DUTY. 

Section  188.  Any  officer  of  said  City  who  shall  in  any  case 
knowingly  neglect  to  perform  any  duty  enjoined  upon  him  by  this 
chapter  or  who  shall  consent  to,  or  connive  at  any  evasion  of  its 
provisions,  whereby  any  proceeding  required  by  this  chapter  shall 
be  prevented  or  hindered,  shall  for  every  such  neglect  or  refusal 
be  liable  to  said  city  individually  and  upon  his  official  bond  for 
double  the  amount  of  loss  or  damage  caused  by  such  neglect  or 
refusal  to  be  recovered  in  an  action  in  any  court  having  jurisdic- 
tion of  the  amount  thereof. 

ASSESSMENTS  AGAINST  RAILWAYS. 

Section  189.  When  in  any  case  any  portion  of  the  costs  and 
expenses  of  making  an  improvement  mentioned  in  this  charter 
shall  by  virtue  of  any  valid  law  or  ordinance  or  by  virtue  of  any 
valid  contract  be  chargable  upon  any  railway  company,  the  amount 
so  chargeable  may  be  assessed  upon  and  against  such  railway  com- 
pany and  the  balance  only  upon  the  real  estate  benefited  thereby 
and  the  city  may  collect  the  amount  so  assessed  upon  said  railway 
company  by  distress  and  sale  of  personal  property,  or  by  suit 
brought  for  the  purpose;  provided,  however,  that  any  real  estate 
belonging  to  such  railway  company  and  deemed  benefited  by  the 
said  improvement  shall  be  assessed  as  in  other  cases. 

FRONTAGE  ON  TWO  STREETS,  ALLOWANCE  FOR. 

Section  190.  The  Commission  may  in  its  discretion  in  case 
where  any  lot  fronting  on  two  streets  is  being  assessed  according 
to  the  number  of  feet  frontage  of  such  lot  and  the  frontage  on  any 
street  shall  have  been  so  assessed,  remit  from  the  frontage  of  said 
lot  on  any  other  street,  such  portion  of  tbe  same  not  exceeding  a 
frontage  of  sixty-six  feet  as  the  Commission  deem  just  under  the 
circumstances  in  the  case;  but  the  discretion  of  the  Commission  in 
such  matter  shall  be  final  and  the  refusal  or  failure  of  said  Com- 


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mission  to  make  sucli  remission,  shall  not  be  a ground  for  changing 
such  assessment  or  the  amount  thereof  in  any  court  or  proceeding. 

WORK  DONE,  WHEN  AND  WHERE. 

Section  191.  Any  improvements,  the  means  to  make  or  con- 
struct which  may  be  raised  by  special  assessment  may  be  performed 
by  contract  let  to  the  lowest  responsible  bidder,  after  the  publica- 
tion of  a notice  for  one  week,  or  if  the  amount  does  not  exceed 
Three  Hundred  Dollars  then  directly  by  the  City  by  the  employment 
of  labor  and  purchase  of  material  or  in  any  other  manner  in  which 
the  Commission  may  deem  proper  in  each  particular  case.  And 
the  Commission  may  in  its  discretion,  in  any  case  instead  of  caus- 
ing a special  assessment  to  be  made  entirely  upon  the  estimate, 
wait  until  the  letting  of  the  contract  for  such  improvement  shall 
be  made  before  determining  and  fixing  upon  the  costs  and  expense 
of  such  improvement  or  causing  the  proper  assessment  to  be  made 
therefor.  And  said  Commission  may  cause  such  assessment  to  be 
made  at  any  time  either  before  the  making  of  such  improvement 
or  after  the  completion  thereof.  The  Commission  may,  if  it  deter- 
mine upon  the  making  of  any  improvement,  determine  whether  to 
proceed  at  once  with  such  improvement  or  to  await  the  collection 
of  the  assessment  therefor  or  of  any  portion  thereof.  No  special 
assessment  shall  be  questioned  or  held  to  be  invalid  because  the 
amount  thereof  shall  happen  to  be  either  more  or  less  than  the 
amount  of  money  actually  required  for  the  improvement  for  which 
the  same  shall  be  made. 

CITY  SUED  FOR  PROPERTY,  MAY  CONDEMN  SAME. 

Section  192.  Whenever  the  City  of  St.  Cloud  shall  have  appro- 
priated any  property  or  any  interest  or  easement  therein,  for  any 
lawful  purpose  to  which  said  City  had  not  the  title,  said  City  may 
at  any  time,  in  any  suit  to  recover  the  same  or  in  which  ^ the  right 
of  the  City  thereto  is  called  in  question,  by  its  answer  admit  the 
appropriation  of  the  same  and  allege  that  said  City  is  ready  and 
willing  to  pay  a just  compensation  therefor,  on  having  the  same 
assessed  and  ascertained  in  the  manner  in  this  chapter  provided  in 
case  of  appeal,  provided  the  claimant  on  the  trial  shall  establish  his 
right  to  recover  the  same,  and  the  court  shall  first  determine 
whether  the  claimant  is  entitled  to  recover  the  property  or  rights 
or  easement  therein  in  controversy;  and  if  such  question  is  deter- 
mined in  favor  of  the  plaintiff,  shall  cause  the  amount  of  the  com- 
pensation to  which  the  plaintiff  is  entitled  to  be  ascertained  as  in 
case  of  appeals;  provided,  that  when  it  shall  appear  that  the  land  or 
other  real  estate  was  taken  or  appropriated  by  and  with  the  consent 
or  acquiescence  of  the  owner,  such  owner  shall  not  be  entitled  to 
recover  any  rents  or  profits  which  accrued  prior  to  demand  for 
compensation  for  such  land  or  other  real  estate,  and  he  shall  be 
limited  to  a recovery  in  such  case,  to  compensation  for  the  land 
taken  and  damages.  And  the  Court  shall  have  the  power  to  make 
all  necessary  orders  and  render  all  necessary  judgments  to  carry 
out  the  provisions  of  this  section.  And  in  case  such  compensation 
shall  not  be  paid  within  ninety  days  after  the  final  order  and  de- 
termination of  the  Court  therein,  the  plaintiff  shall  recover  said 
property  and  have  all  proper  proceedings  therefor.  The  Commls- 


CITY  OF  ST.  CLOUD,  MINN. 


71 


.Sion  may  defray  the  expense  of  such  compensation  by  special  as- 
sessments as  in  the  case  of  other  improvements. 

BUILDING  ALLOWED  TO  REMAIN.  USE  OF  LAND. 

Section  193.  In  the  assessment  of  damages  and  benefits  for 
the  making  of  any  improvement,  it  shall  be  lawful  for  the  Com- 
mission, in  its  discretion,  in  making  such  assessments,  should  there 
be  any  building  in  whole  or  in  part  upon  the  land  to  be  taken  as 
aforesaid,  to  consider  the  propriety  of  letting  such  building  remain 
upon  such  land  taken  as  aforesaid,  for  such  time  after  condemnation 
as  they  may  deem  for  the  best  interest  of  the  City,  and  if  they 
shall  determine  to  let  the  building  remain  on  said  land  for  any 
given  period,  then  they  shall  determine  the  value  of  the  use  of 
said  land  to  the  owner  of  said  building  for  the  time  said  building 
may  be  permitted  to  remain,  which  sum,  when  ascertained,  shall  be 
deducted  from  the  damage  awarded  for  said  building. 

EVIDENCE  OF  TITLE  TO  BE  RECORDED. 

Section  194.  It  shall  be  the  duty  of  the  City  Clerk  to  cause  all 
deeds  taken  by  the  City  for  lands  acquired  by  condemnation  or 
otherwise  to  be  recorded  without  delay,  and  the  said  Clerk  shall  be 
the  custodian  thereof;  in  case  no  deed  is  given  for  any  property 
appropriated  for  any  improvement,  it  shall  be  the  duty  of  said  Clerk 
to  file  with  the  Register  of  Deeds  of  the  proper  county  or  counties, 
a certified  copy  of  so  much  of  the  description  of  such  improvement 
and  of  the  plat  or  plats  filed  with  such  description  as  shall  be 
necessary  to  indicate  the  property  appropriated  for  such  improve- 
ment; and  the  same  may  be  recorded  by  said  Register  of  Deeds, 
and  such  certified  copy  and  the  record  thereof  shall  be  prima  facia 
evidence  of  title  in  the  City  of  St.  Cloud  to  the  property  indicated 
thereby  as  appropriated  for  such  improvement.  And  it  shall  be 
the  duty  of  the  Register  of  Deeds  to  record  such  deeds  and  certified 
copies  without  requiring  a certificate  of  the  County  Auditor  that 
taxes  and  assessments  thereon  are  paid.  At  any  time  after  the 
assessments  for  any  improvement  or  any  portion  thereof  shall  have 
been  confirmed,  and  the  tim'e  to  appeal  from  such  confirmation 
shall  have  expired,  such  certificate  may  be  filed  as  to  all  portions 
of  the  same  so  confirmed  and  not  appealed  from,  and  such  certifi- 
cate as  to  any  portion  appealed  from  may  be  filed  at  any  time  after 
the  final  determination  of  the  Court  on  such  appeal. 

PRIOR  ASSESSMENTS  LEGALIZED. 

Section  195.  All  asseesments  heretofore  made  by  the  Common 
Council  of  the  City  of  St.  Cloud,  to  defray  the  expense  of  making 
any  public  improvement  now  constructed,  or  the  estimated  expense 
of  any  public  improvement  ordered  to  be  constructed,  and  to  defray 
the  damages  and  compensation  awarded  to  owners  of  property 
taken  or  injured  by  such  improvements  are  hereby  legalized  and 
made  valid,  and  the  same  may  be  collected  and  the  collection  there- 
of enforced  to  the  same  extent  for  all  purposes  as  though  the  same 
had  been  in  all  things  regularly  and  formally  ascertained,  levied, 
assessed  and  returned  in  the  first  instance. 


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ASSESSMENT,  HOW  COLLECTED  FROM  COUNTY. 

Section  196.  Whenever  any  assessment  shall  be  made  under 
any  of  the  provisions  of  this  charter  against  any  real  estate  owned 
or  claimed  by  any  county,  such  assessment  shall  be  returned  to  the 
Auditor  of  said  County  with  and  in  the  same  manner  as  other  like 
assessments,  and  the  County  Board  of  said  County  shall  thereupon 
and  within  six  (6)  months  after  such  assessment  has  been  so  re- 
turned to  said  Auditor,  appropriate  from  the  treasury  of  said  County 
and  cause  to  be  paid  to  the  Treasurer  of  the  City  of  St.  Cloud,  ' 
sufficient  sums  of  money  to  pay  all  such  assessments.  In  case  of 
the  failure  of  said  County  Board  to  appropriate  money  for  and  pay 
an;^  such  assessment  within  the  time  above  specified,  such  assess- 
ment may  be  collected  from  said  County  in  any  appropriate  suit 
or  action. 

PROPERTY  OWNERS  MAY  CONSTRUCT  IMPROVEMENT. 

Section  197.  Property  owners  may  be  allowed  to  construct 
street  and  other  public  improvements  upon  or  through  their  own 
property,  at  their  own  expense,  in  such  cases  and  upon  such  terms, 
and  under  such  regulations  as  the  Commission  may  prescribe  from 
time  to  time  by  resolution. 

ASSESSMENTS  FOR  SIDEWALKS.  FORM. 

Section  198.  Whenever  sidewalks  shall  have  been  constructed 
by  the  City  as  in  this  charter  provided,  the  Commission  shall,  at 
such  time  or  times  thereafter  as  it  deems  proper  assess  and  levy 
upon  and  against  each  lot  and  parcel  of  land  along  which  the  same 
shall  have  been  so  constructed  or  repaired,  the  expense  of  con- 
structing or  repairing  the  same  along  such  lot  or  parcel  of  land, 
and  shall  adopt  an  assessment  roll  which  may  be  substantially  in 
the  following  form,  or  in  any  other  form  the  Commission  may  adopt: 

“The  Commission  of  the  City  of  St.  Cloud  doth  hereby  assess 
and  levy  upon  and  against  the  several  lots  and  parcels  of  land 
below  described,  the  respective  sums  set  against  each  lot  or  parcel. 
This  assessment  is  made  to  defray  the  costs  of  (constructing  or 
repairing)  sidewalks  along  said  lots  and  parcels  of  property: 


Description  of  Property 

Amount 

Dolls. 

Cts. 

“Done  at  a meeting  of  the  Commission  this  ....  day  of 
A.  D.  19. . 

Attest:  


City  Clerk. 


Mayor. 


CITY  OF  ST.  CLOUD,  MINN. 


And  no  such  assessment  shall  be  set  aside  as  to  any  parcel  of 
property  unless  it  shall  be  shown  affirmatively  that  said  sidewalk 
as  to  -such  parcel  was  not  constructed  or  repaired  at  the  expense 
of  the  City,  or  that  said  parcel  of  property  was  exempt  from  taxa- 
tion. In  case  it  is  shown  that  said  assessment  as  to  such  parcel  is 
excessive,  the  same  shall  be  reduced  to  the  amount  justly  charge- 
able thereon,  and  be  valid  to  that  extent. 


CHAPTER  XIII. 

STREETS,  SIDEWALKS,  BRIDGES  AND 
PUBLIC  GROUNDS. 

POWERS  AS  TO  HIGHWAYS  AND  PUBLIC  GROUNDS. 

Section  199.  The  Commission  shall  have  power  to  care  for, 
supervise  and  control,  to  name  and  rename,  to  lay  out,  alter,  widen, 
extend,  straighten  and  narrow,  to  open,  construct,  re-construct,  build, 
re-build,  maintain,  repair  and  close  to  travel,  to  grade,  and  re-grade, 
either  partially  or  to  established  grade,  to  curb,  re-curb  and  gutter, 
to  pave,  re-pave  and  macadamize,  to  clean,  park,  beautify  and  other- 
wise improve,  or  cause  the  same  to  be  done,  at  such  times  and  in 
such  manner  as  they  deem  proper,  the  highways,  streets,  alleys, 
bridges,  culverts,  parks,  parkways,  public  squares  and  grounds  with- 
in said  city  or  such  portion  of  the  same  or  any  of  the  same  as  they 
deem  proper. 

ESTABLISHMENT  OF  GRADES.  CHANGE  OF  GRADES. 

Section  200.  The  Commission  may  cause  to  be  established  from 
time  to  time,  and  as  rapidly  as  the  convenience  of  the  inhabitants 
may  require,  under  the  direction  of  the  City  Engineer,  the  grade 
of  all  streets,  parkways,  sidewalks,  alleys  and  public  grounds  in 
the  said  city,  and  shall  cause  accurate  profiles  thereof  to  be  made 
and  kept  in  the  office  of  the  City  Clerk.  And  may  change  the  grade 
of  any  of  the  same,  after  such  grade  has  been  established. 

VACATION  OF  HIGHWAYS  AND  PLATS. 

Section  201.  The  Commission  may  also  by  the  unanimous 
vote  of  the  members  thereof,  vacate  any  highway,  street,  lane  or 
alley  or  portion  of  either,  or  any  plat  or  portion  of  any  plat  of  lands; 
and  such  power  of  vacating  highways,  streets,  alleys,  lanes  and 
plats  within  the  City  of  St.  Cloud  is  vested  exclusively  in  said  Com- 
mission, and  no  court  or  other  body  or  authority  shall  have  any 
power  to  vacate  any  such  highway,  street,  lane  or  alley  nor  any 
plat  or  portion  of  any  plat  of  lands,  within  said  City.  Provided, 
however,  that  before  any  highway,  street,  lane  or  alley  or  portion 
thereof  within  said  City  shall  be  vacated  by  said  Commission,  that 
an  application  therefor  in  WTiting  shall  be  filed  with  the  City  Clerk, 
and  notice  of  hearing  upon  said  application  shall  be  given  by  said 
City  Clerk  by  publication  in  the  official  paper  of  the  City  once  in 
each  week  for  four  successive  weeks,  immediately  preceding  such 
hearing,  and  provided  further  that  the  expense  of  publication  of 
said  notice  shall  be  paid  by  said  applicant. 


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CONSTRUCTION  AND  MAINTENANCE  OF  SIDEWALKS. 

Section  202.  It  is  hereby  made  the  duty  of  all  owners  of  land 
adjoining  any  street,  lane  or  alley  in  said  City,  to  construct,  re- 
construct and  maintain  in  good  repair  such  sidewalks  along  the 
side  of  the  streets,  lane  or  alley  next  to  the  lands  of  said  owners 
respectively,  as  may  have  been  heretofore  constructed,  or  as  shall 
hereafter  be  constructed  or  directed  by  the  Commission  to  be  built; 
and  according  to  the  plans  and  specifications  thereof  in  the  office 
of  the  City  Clerk,  and  at  such  grade  or  grades  as  shall  be  indicated 
by  the  City  Engineer.  The  Commission  may  designate  the  grade 
or  grades  for  any  sidewalk  or  sidewalks  or  portion  thereof  without 
regard  to  the  grade  of  the  street  or  the  established  grade;  and  in 
eases  that  it  deems  proper  may  authorize  the  City  Engineer  to 
make-  such  designation.  At  the  request  of  any  person  about  to 
build  a sidewalk  ordered  to  be  built  by  the  Commission,  it  shall  be 
the  duty  of  the  City  Engineer  to  furnish  such  person  the  proper 
grade  lines  therefor.  Whenever  the  Commission  shall  deem  it 
necessary  that  any  sidewalk  in  the  City  of  St.  Cloud  shall  be  con- 
structed or  re-constructed,  it  shall  cause  plans  and  specifications 
therefor  to  be  prepared  or  designated,  and  kept  in  the  office  of  the 
City  Clerk.  The  Commission  shall  also  cause  a notice  to  be  pub- 
lished twice  in  the  official  paper  of  the  City,  which  notice  may  be 
substantially  in  the  following  form,  viz: 

“Notice  is  hereby  given  that  the  Commission  of  the  City  of  St. 
Cloud  has  ordered  sidewalks  to  be  constructed  (or  re-constructed), 
according  to  the  plans  and  specifications  therefor  in  the  office  ot 

the  City  Clerk,  as  follows:  On  the  side  of  (name  of  street 

or  avenue)  from  to  ......  (similar  statements  for  other 

sidewalks.) 

“That  the  grade  lines  for  the  same  will  be  furnished  by  the 
City  Engineer,  and  that  the  same  must  be  constructed  within  thirty 
days  from  the  date  of  the  first  publication  of  this  notice. 

“Dated  


“City  Clerk." 

Any  number  of  sidewalks  may  be  included  in  one  notice,  and 
such  publication  shall  be  sufficient  notice  to  the  owners  of  the  land 
along  which  such  sidewalks  are  to  be  built,  to  construct  the  same; 
and  unless  the  respective  owners  shall  construct  and  fully  complete 
the  same  along  their  respective  tracts  of  land  within  thirty  days 
after  the  date  of  the  first  publication  of  said  notice,  the  Commis- 
sion shall  construct  and  complete  the  same;  Provided,  that  any 
such  sidewalk  may  be  built  by  the  owner  of  the  land  abutting  upon 
the  same  at  any  time  before  the  Commission  commences  the  con* 
struction  of  the  same.  The  expense  of  all  sidewalks  constructed 
by  the  Commission  shall  be  assessed  to  the  abutting  property,  as 
provided  in  the  chapter  on  special  assessments. 

SIDEWALKS,  WHEN  REPAIRED,  WHEN  REMOVED. 

Section  203.  If  the  owner  of  any  lot  or  parcel  of  land  shall 
suffer  any  sidewalks  along  the  same  to  become  broken,  rotten  or 


CITY  OF  ST.  CLOUD,  MINN.  75 


out  of  repair,  it  shall  be  the  duty  of  the  Commission  immediately 
to  repair  the  same  in  a good,  substantial  and  thorough  manner. 
The  Commission  shall  assess  and  levy  upon  each  of  the  lots  or 
parcels  of  land  fronting  or  abutting  on  such  sidewalks  that  have 
been  so  repaired  the  cost  of  making  such  repairs  as  provided  in 
the  chapter  on  special  assessments.  In  case  any  spch  sidewalks 
shall  become  so  out  of  repair  as  to  become  dangerous,  and  cannot 
be  made  safe,  without  being  rebuilt,  it  shall  be  the  duty  of  the 
Commission  to  remove  the  same  entirely,  and  the  expense  of  such 
removal  shall  be  collected  in  the  same  manner  as  the  expense  for 
repairs. 

STREET  LIGHTING  AND  SPRINKLING. 

Section  204.  The  Commission  may  cause  such  portions  of  the 
streets,  alleys,  and  public  grounds  of  the  city  to  be  lighted  and 
sprinkled  as  it  may  deem  proper,  and  may  prescribe  the  manner  in 
which  the  same  shall  be  done,  and  the  time  during  which  the  same 
shall  be  done,  and  may  make  all  necessary  contracts  for  the  doing 
of  the  same. 

LIABILITIES  FOR  CAUSING  DEFECTS  IN  STREETS. 

Section  205.  All  persons  who  shall  cau&e  or  maintain  any  ob- 
struction, excavation  or  defect  in  any  street,  alley,  bridge,  sidewalk, 
thoroughfare  or  public  ground  of  said  City  by  means  of  which  a 
claim  for  damage  shall  arise  against  said  City,  shall  be  liable  for 
such  damage  to  whomsoever  shall  be  entitled  to  recover  the  same 
from  said  City;  and  no  action  for  such  damages  shall  be  brought 
or  maintained  against  said  City  unless  such  person  or  persons  shall 
he  joined  as  defendants;  and  in  case  of  judgment  against  the  de- 
fendants in  such  action,  execution  shall  issue  only  against  the 
defendant  causing  such  deficiency,  and  the  city  shall  not  be  re.^ 
quired  to  take  steps  to  pay  such  judgment,  until  such  execution 
shall  be  returned  unsatisfied;  and  if  the  City  shall  pay  such  judg- 
ment it  shall  become  the  owner  thereof,  and  may  enforce  payment 
of  the  same  from  the  other  defendants,  and  shall  be  entitled  to 
execution  thereon  against  them  and  to  take  such  other  proceedings 
as  judgment  creditors  are  entitled  to  take. 

SUMMONS  PUBLISHED  IF  CO-DEFENDANT  IS  A NON-RESI- 
DENT. 

Section  206.  Whenever  any  party  is  joined  with  said  City  as 
co-defendant  in  any  action  for  the  insufficiency  of  any  street,  alley, 
bridge,  sidewalk,  thoroughfare,  or  public  ground,  and  any  such 
party  is  not  a resident  of  and  cannot  be  found  within  the  state, 
service  of  summons  in  such  action  may  be  made  upon  such  de- 
fendant upon  like  evidence  and  in  like  manner  as  prescribed  by 
general  laws  for  service  by  publication  in  other  actions. 

ACTION  FOR  DAMAGES.  NOTICE.  WHEN  BARRED. 

Section  207.  No  action  shall  be  maintained  against  the  City  of 
St.  Cloud  on  account  of  any  injuries  or  damages  received  by  means 
of  any  defect  or  obstruction  in  any  street,  alley,  bridge,  sidewalk, 
thoroughfare,  or  public  ground  unless  such  action  shall  be  com- 
menced within  one  year  from  the  happening  of  the  injury  or  dam- 
age, nor  unless  notice  shall  have  first  been  given  in  writing  to  the 


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Mayor  of  said  City,  or  the  City  Clerk  thereof,  within  thirty  days  of 
the  occurrence  of  such  injury  or  damage,  stating  the  place,  where, 
and  the  time  when  such  injury  or  damage  was  received,  the  general 
character  of  the  same,  and  that  the  person  so  injured  will  claim 
damages  from  the  City  therefor;  but  the  notice  shall  not  be  re- 
quired in  case  of  injury  to  the  person,  if  the  person  injured  be 
bereft  of  reason  in  consequence  thereof.  No  such  action  shall  be 
maintained  for  any  defect  in  any  street  or  alley,  until  the  same 
shall  have  been  graded  and  opened  for  travel,  nor  for  any  defect 
in  the  same  when  the  same  is  ciosed  to  travel;  nor  for  any  in- 
sufficiency of  the  ground  where  sidewalks  shall  be  constructed, 
when  sidewalks  have  not  been  built  or  have  been  removed, 

LANDS,  WHEN  TO  BE  PLATTED.  PLATTING  REGULATIONS. 

Section  208.  Whenever  any  person  shall  subdivide  any  lot 
or  piece  of  ground  within  said  City  into  building  lots,  for  the  pur- 
pose of  selling  the  same  or  any  part  thereof,  or  shall  sell  off  parcels 
of  the  same  for  building  sites,  or  of  the  usual  sizes  for  building 
sites,  he  shall  cause  the  same  to  be  surveyed  and  platted  in  ac- 
cordance with  the  provision  of  the  general  laws  of  the  State  of 
Minnesota,  and  when  such  survey  and  plat  are  so  completed  and 
acknowledged,  it  shall  be  presented  to  the  Commission,  together 
with  an  abstract  of  title  of  the  land  so  platted.  All  plats  presented 
to  the  Commission  for  acceptance  and  approval  must  be  drawn  in 
duplicate,  one  copy  to  be  drawn  on  good  and  substantial  muslin- 
backed  paper,  and  one  copy  to  be  on  tracing  vellum.  Said  plats 
shall  be  of  such  uniform  size  as  may  be  prescribed  by  the  Com- 
mission; said  Commission  may  accept  or  reject  such  plats  or  direct 
them  to  be  changed  or  modified  in  such  manner  as  it  shall  deem 
expedient,  and  may  prescribe  such  rules  and  regulations  for  the 
platting  of  lands,  and  the  making,  examination  and  approval  of 
plats  thereof  as  it  shall  deem  proper.  No  plat  of  a proposed  new 
addition  shall  be  accepted  by  the  Commission  unless  the  streets, 
alleys  and  other  public  grounds  presented  thereon  shall  conform  to 
the  streets,  alleys  and  other  public  grounds  of  the  adjoining  plats 
already  platted,  and  the  plats  approved  and  recorded,  so  far  as  is 
practicable;  no  plat  of  any  proposed  new  addition  shall  be  ap- 
proved by  the  Commission  unless  the  same  ie  presented  in  duplicate 
as  aforesaid,  and  no  such  plat  shall  be  approved  unless  the  cer- 
tificate of  the  surveyor  or  engineer  making  the  same  shall  state 
that  at  each  corner  of  each  and  every  lot  in  said  addition,  where 
it  is  possible  to  do  so,  a substantial  stake  has  been  set,  and  that 
a stone  monument  with  a proper  crossmark  thereon  has  been  set 
at  each  corner  of  said  addition. 

Said  monument  shall  be  at  least  two  and  one^half  feet  in  length 
and  five  inches  square  at  the  top,  and  shall  be  set  at  least  two 
feet  in  the  ground.  Whenever  any  plat  is  approved  by  said  Com- 
mission, the  City  Clerk  shall  so  certify  thereon,  and  the  muslin- 
backed  paper  plat  shall  be  filed  in  the  office  of  the  proper  Register 
of  Deeds,  and  the  vellum  plat  in  the  office  of  the  City  Clerk,  No 
plat  of  lands  within  the  limits  of  said  City  shall  be  filed  by  any 
Register  of  Deeds  until  the  same  has  been  approved  by  the  Com- 
mission, and  the  certificate  of  the  City  Clerk  as  aforesaid  endorsed 
thereon.  The  acceptance  of  a plat  of  any  ground  within  the  limits 


CITY  OP  ST.  CLOUD,  MINN. 


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of  the  City  shall  not  make  the  City  liable  to  grade  the  streets 
therein  designated,  or  responsible  for  any  insutiiciency  of  said  streets, 
until  the  Commission  shall  cause  the  same  to  be  graded  and  opened 
for  travel.  All  the  provisions  of  Section  3368  of  the  Revised  Laws, 
1905  of  Minnesota,  shall  be  applicable  to  said  City,  and  in  addition 
thereto  no  person  shall  be  entitled  to  any  damage  for  the  laying 
out  or  extension  of  any  street,  alley  or  highway,  over  any  lot  or 
parcel  of  land  sold  or  offered  for  sale  contrary  to  law. 


CHAPTER  XIV. 

SEWERAGE  AND  WATER  WORKS. 

SEWER  SYSTEM.  DISTRICTS. 

Section  209.  The  Commission  of  the  City  of  St.  Cloud  shall 
have  power  to  establish,  construct  and  maintain  at  any  time  and 
from  time  to  time  any  general  system  or  systems  of  sewerage  for 
said  City  or  any  portion  thereof  in  such  manner  and  under  such 
regulations  as  said  Commission  may  deem  expedient,  and  such  sys- 
tem or  systems  of  sewerage,  to  alter  or  change  from  to  time,  as 
said  Commission  may  deem  expedient,  and  may  from  time  to 
time  establish,  alter  or  change,  such  sewerage  district  or  districts 
as  it  may  deem  proper;  and  shall  have  power  to  maintain  the 
sewers  heretofore  and  hereafter  established  in  said  City,  and  to 
enlarge,  extend,  relay  and  improve  the  same,  as  it  shall  consider 
the  public  good  shall  require;  and  said  Commission  may  cause 
sewers  connected  or  intended  at  some  future  time  to  be  connected 
with  any  such  system  or  systems  of  sewerage  to  be  constructed 
from  time  to  time. 

COST,  HOW  DEFRAYED. 

Section  210.  The  cost  of  making  any  improvements  authorized 
by  this  chapter  together  with  the  necessary  expenses  of  making 
the  assessments  therefore  may  be  assessed  upon  the  property 
benefited  thereby,  and  enforced  and  collected  in  the  manner  and 
under  the  regulations  provided  for  local  improvements  in  said 
City;  provided,  that  the  Commission  may  determine  that  such  pro- 
portion of  the  cost  thereof  as  it  may  deem  proper  be  paid  out  of 
the  Permanent  Improvement  Fund,  the  Revenue  Fund,  or  the 
Water  Works  Fund  of  said  City. 

RIGHT  OF  WAY  FOR  MAINS  AND  DITCHES. 

Section  211.  Whenever  the  Commission  of  said  City  may  deem 
it  necessary  to  cross  private  property  to  construct  any  water  main, 
sewer,  ditch  or  drain  thereon,  the  City  of  St.  Cloud  may  take, 
possess,  have  and  hold  an  easement  in,  over,  under  and  across  any 
such  property  for  the  purpose  of  constructing,  altering,  protecting 
and  repairing  such  sewer,  ditch  or  drain,  and  the  proceedings 
therefor  shall  be  as  provided  by  law, 

CONSTRUCTION  OF  BRANCH  PIPES  AND  SEWERS. 

Section  212.  The  Commission  may  at  all  times  regulate  and 
control  the  time  and  manner  of  the  laying  and  constructing  by  pri" 


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vate  parties  of  branch  pipes  and  sewers  leading  from  water  mains 
and  sewers,  and  of  making  connections  with  water  mains  and  sewers 
and  with  branch  lines  thereof,  both  public  and  private.  The  Com- 
mission may,  whenever  it  shall  deem  it  necessary  to>  lay  or  construct 
branch  pipes  or  branch  sewers,  in  order  to  prevent  future  tearing 
up  of  streets,  or  for  any  other  reason,  determine  in  the  case  of 
each  main  line  the  location,  number  and  manner  of  construction  of 
such  branch  lines,  providing,  in  its  discretion,  one  or  more  for  each 
district,  lot  or  parcel  of  land,  or  one  for  two  or  more  adjacent  lots 
or  parcels  of  land.  And  may,  whether  such  main  line  has  already 
been  constructed  or  is  in  process  of  construction,  forthwith  lay  and 
construct  all  such  branch  pipes  and  sewers  not  already  constructed 
by  the  private  parties  interested,  from  a connection  with  the  main 
line  to  the  line  of  the  street. 

DRAINING  WET  DISTRICTS. 

Section  213.  Whenever  the  Commission  shall  determine  that 
any  lake  or  any  wet  or  marshy  district  in  said  City  needs  to  be 
drained,  for  the  public  health  of  the  City,  or  for  other  public  benefit, 
then  the  said  Commission  may  cause  to  be  devised  and  carried  into 
construction  and  effect  a system  of  drainage  for  such  wet  and 
marshy  district,  by  sewers  or  covered  drains  made  of  wood,  stone, 
brick  or  other  material,  or  partly  of  one  material  and  partly  of 
other  materials,  as  the  said  Commission  shall  determine;  or  by 
open  ditches  or  canals,  where  the  same  will  best  effect  the  drainage; 
or  partly  of  sewers  or  covered  drains,  and  partly  of  open  ditches  or 
canals.  Said  system  of  drainage  for  any  such  wet  or  marshy  dis-« 
trict  may  be  constructed  at  one  time  during  one  year,  or  at  different 
times  in  different  years,  and  in  different  parts  or  sections. 

PIPES  AND  WIRES  WITHIN  AREAS. 

Section  214.  The  Commission  may,  subject  to  such  terms,  and 
under  such  regulations  as  it  may  fix,  require  all  persons  using  an 
area  or  space  within  the  lines  of  any  street,  to  permit  to  be  laid 
within  such  area  or  space  all  necessary  branch  pipes,  both  water 
and  gas,  and  branch  sewers  to  a connection  with  other  branches, 
and  also  to  be  laid  therein,  enclosing  in  tubes  or  otherwise  pror 
tected,  any  and  all  electric  and  other  wires  it  may  at  any  time 
require  laid  beneath  the  surface  of  the  street,  and  in  the  future  no 
permits  for  the  excavation  or  use  of  any  area  or  space  within  the 
lines  of  a street  shall  be  given  except  upon  condition  that  it  may 
be  used  by  others  in  the  manner  and  for  the  purpose  above  named. 

MANAGEMENT  OF  WATER  WORKS. 

Section  215.  The  Commission  shall  have  the  control  and  man' 
agement  of  the  city  water  works,  and  shall  have  power  to  enlarge, 
extend,  relay  and  improve  the  same  as  it  shall  consider  the  public 
good  shall  require. 

BY-LAWS,  ETC. 

Section  216.  The  Commission  is  hereby  authorized  to  make 
and  enforce  such  bylaws,  rules  and  regulations  as  may  be  necessary 
to  carry  into  effect  the  object  and  intent  of  this  chapter  and  to 
cause  all  such  by-laws  and  regulations  to  be  entered  in  a book  kept 


CITY  OP  ST.  CLOUD,  MINN, 


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for  that  purpose  and  signed  by  the  Mayor  and  City  Clerk,  which 
when  so  entered  and  signed  shall  be  open  at  all  times  for  inspection 
and  shall  be  evidence  of  said  rules  in  any  Court  of  Justice.  Said 
rules  when  adopted  by  the  Commission  shall  be  printed  in  pamphlet 
form  and  a copy  thereof  delivered  to  each  water  consumer  in  said 
City. 

DISTRIBUTION  AND  WASTE. 

Section  217.  The  Commission  shall  regulate  the  distribution 
of  water  in  all  places  and  for  all  purposes  where  the  same  shall  be 
required  for  either  public  or  private  use  and  shall  fix  the  price  of 
all  water  used  or  furni-shed  by  said  City  by  resolution  but  the  pres" 
ent  ordinance  of  said  City  relating  thereto  shall  be  continued  in 
force  until  such  resolution  shall  be  adopted  at  which  time  such 
resolution  shall  supersede  said  ordinance. 

The  Commission  is  hereby  authorized  and  required  to  restrain 
and  prevent  any  and  all  waste  of  water  and  may,  when  in  its  judg- 
ment necessary,  shut  off  the  water  or  take  such  other  action  as  in 
• its  judgment  may  be  proper. 

COLLECTION  OF  WATER  RENTS. 

Section  218.  The  Commission  shall  have  full  power  and 
authority  to  require  payment  in  advance  for  the  use  of 
water  furnished  by  it,  in  or  upon  any  building,  place  or 
premises  and  in  case  prompt  payment  for  the  same  shall 
not  be  made  then  it  shall  shut  off  such  water  until  such  payment 
is  made  and  in  addition  thereto  impose  such  fine  as  may  be  pre- 
scribed by  the  said  Board,  and  after  said  water  shall  be  shut  off 
as  herein  provided,  the  building,  place  or  premises  shall  not  again 
be  supplied  with  water  until  all  arrears,  together  with  costs  and 
expenses  of  turnin,g  off  and  on  said  water  and  such  fine  shall  have 
been  fully  paid. 

LIABILITY  OF  PROPERTY  OWNERS. 

Section  219.  The  owner  of  any  private  property  which  has 
upon  it  pipes  connected  with  the  city  water  works  to  convey  water 
thereto  shall  as  well  as  the  lessee,  or  occupant  of  such  premises, 
if  any,  be  liable  to  tbe  City  for  the  rents  or  rates  for  all  water 
from  said  water  works  used  upon  said  premises  and  such  rents  or 
rates  shall  be  and  constitute  a lien  upon  said  premises  and  may  be 
recovered  in  any  action  against  such  owner,  lessee  or  occupant  or 
against  any  one  or  more  than  one,  which  action  may  be  either  a 
personal  action  or  an  action  to  foreclose  said  lien. 

DUTIES  OF  CITY  CLERK  AND  TREASURER. 

Section  220.  The  City  Clerk  shall  keep  in  his  office  a set  of 
books  which  shall  show  the  names  of  all  persons  using  water  in 
the  City  of  St.  Cloud,  together  with  the  terms  and  rates  upon  which 
each  person  is  using  the  same.  Said  books  shall  also  show  in  detail 
all  property  appurtenant  to  or  used  in  connection  with  the  water 
plant,  and  the  condition  and  operation  of  said  plant. 

At  the  first  of  each  quarter,  and  at  such  other  times  as  the 
Commission  shall  direct,  he  shall  make  duplicate  statements  show' 
ing  the  aniount  due  the  City  from  each  user  of  water,  one  of  said 
duplicates  shall  upon  demand  be  delivered  to  the  party,  in  whose 


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name  it  is  made,  or  to  his  representative,  who  shall  pay  the  amount 
designated  in  said  statement  to  the  City  Treasurer,  who  shall  upon 
such  payment  receipt  for  the  same  and  take  up  and  file  in  his  office 
said  duplicate  statement. 


CHAPTER  XV. 

CONTRACTS. 

CONTRACTS  FOR  OFFICIAL  ADVERTISING. 

Section  221.  The  Commission  shall  let  annually,  in  the  month 
of  May,  contracts  for  the  official  advertising  for  the  ensuing  fiscal 
year.  For  this  purpose  the  Commission  shall  advertise  for  two 
consecutive  days,  setting  forth  specially  the  work  contemplated  to 
be  done,  and  asking  for  sealed  proposals  therefor.  The  proposals 
shall  specify  the  type  and  spacing  to  be  used  and  the  rate  or  rates 
named  in  the  bids.  The  Commission  shall  let  the  contract  for  such 
official  advertising  to  the  lowest  responsible  bidder  publishing  a 
daily  newspaper  in  the  City,  which  is  a legal  newspaper  according 
to  the  laws  of  the  State,  provided,  that  the  Commission  may  reject 
any  or  all  bids  if  found  unsatisfactory,  and  advertise  for  new  bids. 
The  newspaper  to  which  the  award  is  made  shall  be  designated  as 
the  “Official  Newspaper.”  The  successful  bidder  shall  be  required 
to  give  a bond  to  the  City  in  the  sum  of  on©  thousand  dollars  for 
the  faithful  performance  of  his  contract. 

OTHER  METHODS  OF  PUBLISHING.  CONTRACT. 

Section  222.  If  none  of  said  proposals  fix  a price  as  low  as 
the  lowest  commercial  rate  for  matter  tset  in  similar  type  and  style, 
the  Commission  may  reject  all  such  proposals,  and  adopt  such 
other  method  of  publishing  such  matter  as  it  may  in  its  discretion 
determine,  anything  in  this  charter  to  the  contrary  notwithstanding, 
and  in  case  said  Commission  deem  the  paper  designated  in  the 
lowest  bid  ae  not  a proper  medium  for  placing  before  the  taxpayers 
of  the  City  matters  so  required  to  be  advertised,  it  may  reject  such 
bids.  If  said  Commission  shall  designate  any  newspaper  as  the 
official  paper  of  said  City,  the  newspaper  so  designated  shall  be  and 
remain  the  official  paper  of  the  City,  and  the  contract  and  bond 
aforesaid  shall  remain  in  force  for  the  term  designated,  and  until 
the  Commission  shall  designate  another  paper  or  other  means  as 
the  official  means  of  advertising  the  proceedings  of  the  City.  The 
Commission  may  from  time  to  time  make  such  contracts  as  it 
deems  proper  for  job  printing  and  blank  books  for  said  City. 

NO  PAY  TILL  AFFIDAVIT  OF  PUBLICATION  IS  FILED. 

EVIDENCE. 

Section  223.  The  publisher  or  publishers  of  said  official  paper. 
Immediately  after  publication  of  any  notice,  ordinance  or  resolution, 
which  by  this  charter 'is  required  to  be  published,  shall  file  with 
the  Clerk  of  the  City  a copy  of  such  publication,  with  his  or  their 
affidavit,  or  the  affidavit  of  his  or  their  foreman  or  clerk,  of  the 
length  of  time  the  same  has  been  published,  and  such  affidavit  shall 
be  conclusive  evidence  of  the  publication  of  such  notice,  ordinance 


CITY  OF  ST.  CLOUD,  MINN. 


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or  resolution.  No  compensation  for  any  such  publication  shall  be 
made  or  allowed  by  the  Commission  until  such  proof  of  publication 
has  been  made  and  filed. 

WORK,  BY  CONTRACT  OR  DAY’S  WORK.  BIDS. 

Section  224.  All  work  done  or  constructions  made  of  any  kind 
by  the  said  City  of  St.  Cloud  may  be  done  by  contract,  awarded  in 
such  manner  as  the  Commission  of  said  City  may  deem  advisable, 
or  isaid  Commission  may,  in  its  discretion,  direct  any  such  work  or 
construction  or  any  part  thereof,  which  it  shall  deem  n'ecessary  to 
be  made,  to  be  done  by  day’s  work,  under  the  direction  of  the  said 
Commission,  or  any  officers  of  said  City,  whom  the  said  Commission 
may  designate.  Whenever  said  Commission  shall  determine  to 
contract  for  any  commodities,  labor,  services  or  other  matter  to  be 
furnished  or  performed,  if  the  amount  of  expenditure  involved  in 
said  contract  shall  'exceed  the  sum  of  two  hundred  fifty  dollars 
($250.)  public  notice  shall  be  given  and  proposals  invited  for  the 
same,  in  such  manner  as  the  said  Commission  shall  direct  by 
resolution. 

TO  WHOM  CONTRACT  MAY  BE  LET.  VOTES  REQUIRED. 

Section  225.  The  Commission  shall  not  entertain  any  bid  from 
or  let  any  contract  to  any  person,  firm  or  corporation  who  is  in 
default  to  the  City  of  St.  Cloud  on  any  contract  or  bond  or  in  any 
other  way,  whether  said  bond  or  contract  be  for  doing  anything  or 
furnishing  any  material. 

DEBTS,  ORDERS,  EXECUTION  AND  RECORD  OF  CONTRACTS. 

Section  226.  No  debt  or  liability  shall  be  incurred  or  created 
by  the  City,  the  Commission,  the  Council  or  any  officer  of  the  City, 
except  pursuant  to  authority  expressly  given  for  that  purpose;  and 
no  order  or  orders  shall  be  issued  upon  the  City  Treasurer  exceed- 
ing in  amount  the  tax  collected  or  assessed,  or  in  process  of  col- 
lection, except  as  otherwise  provided.  All  contracts  to  which  the 
City  is  a party  shall  be  signed  on  behalf  of  the  City  by  the  Mayor 
and  countersigned  by  the  City  Clerk,  and  no  contract  shall  be  valid 
unless  signed  by  both  of  said  officers.  All  contracts  with  the  City 
shall  be  recorded  by  the  City  Clerk  in  a proper  book  for  that  pur- 
pose and  he  shall  keep  an  index  thereto.  Said  record  or  a certified 
copy  thereof  shall  have  the  same  force  and  effect  as  evidence  as 
is  given  to  the  original  contract. 

FUNDS  INSUFFICIENT,  CLERK  TO  REPORT,  AND  NOT  TO 

SIGN  CONTRACT. 

Section  227.  Whenever  the  amount  contracted  or  appropriated 
to  be  expended  out  of  any  fund  shall  be  greater  lhan  the  amount 
of  such  fund  actually  on  hand,  and  one-third  of  the  amount  of  un‘ 
collected  tax  for  the  current  fiscal  year  applicable  to  such  fund,  or 
when  the  amount  called  for  by  any  proposed  contract  shall,  to" 
getber  with  the  amount  appropriated  or  contracted  for,  exceed  the 
amount  of  such  fund  on  hand,  and  such  one-third  of  the  uncollected 
taxes,  the  City  Clerk  shall  forthwith  notify  the  Commission  of  such 
fact  and  he  shall  not  countersign  any  contract  payable  out  of  any 
such  fund  on  hand,  until  the  amount  of  such  fund  on 
hand,  with  one-third  of  the  amount  of  uncollected  taxes  aforesaid. 


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shall  be  sufficient  to  meet  the  liabilities  created  by  such  contract 
in  addition  to  all  labilities  previously  contracted  for. 

RIGHT  RESERVED  TO  REDUCE  AMOUNT  OF  CONTRACT. 

Section  228.  In  all  contracts  made  by  the  City,  the  right  to 
reduce  the  amount  of  service  to  be  rendered,  the  amount  of  work 
to  be  performed,  or  the  amount  of  material  to  be  furnished,  when- 
ever in  the  opinion  of  the  Commission  it  shall  appear  that  the  City 
may  not  have  sufficient  funds  applicable  to  fully  pay  for  the  full 
performance  of  all  the  eame,  is  hereby  reserved,  and  shall  be  a 
condition  of  all  contracts. 

DEPOSIT  FORFEITED,  WHEN.  REJECTION  OF  BIDS. 

Section  229.  Whenever  the  Commission  shall  receive  bids  for 
the  letting  of  any  contract  and  shall  require  such  bide  to  be  ac- 
companied by  a bond,  certified  check  or  other  deposit,  and  said 
contract  shall  be  awarded  to  any  of  sai^  bidders,  if  such  bidder 
shall  not  execute  the  proper  contract  and  bonds  within  such  rea- 
sonable time  thereafter  as  said  Commission  may  allow,  such  deposit 
or  the  amount  of  such  bond  shall  be  forfeited  to  the  City  of  St. 
Cloud  a»s  liquidated  damages,  and  said  City  may  have  any  appro' 
priate  action  for  the  recovery  thereof.  Said  City  shall  in  all  cases 
have  the  right  to  reject  any  and  all  bids  and  shall  so  state  in  their 
proposals  therefor. 

BONDS,  WHEN  REQUIRED.  CONDITIONS. 

Section  230.  Whenever  the  Commission  shall  make  any  contract 
involving  an  estimated  expenditure  by  the  City  of  more  than  three 
hundred  dollars  ($300.),  said  Commission  shall  require  from  the 
contractor  or  contractors  a bond  to  the  City  of  St.  Cloud  in  such 
sum  and  with  such  sureties  as  said  Commission  or  any  officer  or 
officers  designated  by  it,  may  approve,  conditioned  for  the  faithful 
performance  of  said  contract,  and  all  and  singular  its  terms  and 
conditions;  and  in  case  such  contract  is  for  the  doing  of  any  work 
or  the  making  of  any  improvement,  said  bond  shall  also  be  condi- 
tioned to  hold  said  City  harmless  from  all  expense,  claims,  demands 
and  liabilities  caused  by  any  acts  or  negligence  of  said  contractors 
and  their  employees  or  any  of  them,  and  shall  also  be  conditioned 
to  pay  all  just  claims  for  labor  or  work  performed  or  materials 
furnished  for  such  contractors  in  and  about  such  contract;  Such 
bond  shall  inure  to  the  benefits  of  any  and  all  persons  holding  such 
claims,  and  they  may  maintain  several  actions  thereon  for  the  col' 
lection  of  their  respective  claims.  In  case  any  such  bond  shall  be 
insufficient  to  pay  all  claims  secured  by  it,  the  claim  of  said  City  or 
for  which  said  City  is  liable  shall  be  first  paid. 

CONTRACTOR  DERELICT,  CITY  MAY  COMPLETE  CONTRACT. 

Section  231.  If  in  the  opinion  of  the  Commission  any  work  un- 
der any  contract  does  not  proceed  each  month  so  as  to  insure  its 
completion  within  the  said  time  named  in  the  contract,  or  is  not 
being  performed  in  accordance  with  the  terms  of  the  contract,  the 
said  Commission  shall  have  power  to  furnish  and  use  men  and 
materials  to  complete  the  work,  and  charge  the  expenses  thereof 
to  the  contractor,  and  the  same  shall  be  deducted  from  any  moneys 


CITY  OF  ST.  CLOUD,  MINN. 


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due  him  or  to  become  due  such  contractor,  or  may  be  collected  froin 
him  or  his  bondsmen,  if  any,  in  a suit  by  the  City,  or  said  Com"' 
mission  may  relet  the  uncompleted  portion  of  such  contract. 


CHAPTER  XVI. 

FIRE  DEPARTMENT. 

FIRE  LIMITS  AND  BUILDINGS  THEREIN. 

Section  232.  The  Council,  for  the  purpose  of  .guarding  against 
the  calamities  of  fire,  shall  have  power  to  prescribe  by  ordinance 
the  limits  within  which  wooden  buildings,  or  other  buildings,  the 
material  or  construction  of  which  shall  be  considered  as  not  fire 
proof  or  as  dangerous  to  surrounding  property,  shall  not  be  erected, 
enlarged,  placed  and  repaired,  and  to  direct  that  any  and  all  build- 
ings within  the  limits  prescribed  shall  be  made  and  constructed  of 
fire  proof  material,  or  of  such  materials,  in  such  manner,  and  with 
such  precautions  against  fire  as  the  Council  shall  by  ordinance  pre‘ 
scribe,  and  to  prohibit  the  repairing,  enlarging  or  rebuilding  of 
wooden  buildings  within  the  fire  limits  when  the  same  shall  be 
damaged  to  the  extent  of  fifty  per  cent  or  more  of  the  value  there- 
of; and  to  prescribe  the  manner  of  obtaining  consent  to  make  re' 
pairs  in  such  fire  limits  and  of  ascertaining  the  'extent  of  damages. 

FIRE  LIMITS  NOT  REDUCED.  FIREPROOF  SIDEWALKS. 

Section  233.  The  Council  may  prohibit  by  ordinance  the  con- 
struction of  wooden  sidewalks  within  the  fire  limits  of  the  City  or 
any  portion  thereof  whenever  it  seems  proper,  and  fire  limits,  when 
once  established,  shall  not  be  • reduced  in  extent. 

REGULATIONS  FOR  PREVENTION  OF  FIRES. 

Section  234.  The  Council  shall  have  power  to  prescribe  by 
ordinance  in  what  manner  and  of  what  material  chimneys  shall  be 
constructed  and  to  prevent  the  dangerous  construction  and  condition 
of  chimneys,  fireplaces,  hearths,  stoves,  furnaces,  stovepipes,  ovens, 
boilers,  and  apparatus  used  in  and  about  any  building,  and  to 
cause  the  same  to  be  removed  or  placed  in  a safe  and  secure  con' 
dition  when  considered  dangerous;  to  compel  the  use  of  spark- 
arresters  in  all  smoke  stacks  connected  with  apparatus  where 
light  fuel  is  used;  to  so  regulate  the  burning  of  soft  coal  as  to 
minimize  the  production  of  smoke,  soot  and  cinders;  to  prevent  the 
deposit  of  ashes  in  unsafe  places;  to  regulate  and  prevent  the  car" 
ryiiig  on  of  manufactories  dangerous  in  causing  or  promoting  fires, 
and  the  storing  of  infiamable  or  explosive  materials,  and  the  use 
of  fire  works  and  fire  arms;  to  regulate  and  prevent  the  sale,  or 
keeping  for  sale  or  use,  of  any  fire  works,  Chinese  crackers,  rockets, 
torpedoes  or  other  explosive  contrivances,  and  to  provide  for  the 
S'eizure  and  destruction  of  the  same;  also  to  compel  owners  of 
buildings  to  have  scuttles  in  the  roofs,  and  stairs  and  ladders  to 
the  same,  and  compel  owners  and  occupants  of  buildings  of  three 
or  more  stories  in  height  to  maintain  ladders  and  fire  escapes,  and 
to  regulate  the  number  and  location  thereof;  to  provide  for  the 
regulation  and  construction  of  smoke  houses,  and  to  prohibit  them 


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where  they  shall  be  deemed  dangerous  to  other  buildings,  and  to 
make  any  other  provision  to  guard  against  fire  or  to  prevent  the 
spreading  of  fires  which  the  Council  may  deem  proper. 

REGULATION  OF  BYSTANDERS,  ETC.,  AT  FIRES. 

Section  235.  The  Council  may  by  ordinance  provide  for  the 
punishment  of  any  persons  violating  the  rules  or  regulations  per- 
taining to  the  fire  department,  and  to  make  provisions  by  ordinance 
to  keep  away  from  the  vicinity  of  any  fire  all  idlerts  and  suspected 
persons  and  to  compel  all  bystanders  to  aid  in  extinguishing  fires 
and  in  the  preservation  of  property  exposed  to  danger  thereat. 

PUNISHMENT  OF  OFFENDERS.  INJUNCTIONS. 

Section  236.  The  Council  may  by  ordinance  prescribe  penalties 
not  exceeding  a fine  of  one  hundred  dollars  or  imprisonment  for 
ninety  days  or  both  for  the  violation  of  any  of  the  provisions  of 
this  chapter  and  for  the  violation  of  any  of  the  provisions  of  any 
ordinance,  by-law,  rule  or  regulation,  passed  or  adopted  by  the 
Council  or  Commission  under  or  pursuant  to  this  chapter.  Any 
person  who  shall  threaten  or  attempt  any  such  violation  may  be 
enjoined  and  prohibited  therefrom  by  any  court  of  competent  jur- 
isdiction in  an  action  brought  by  the  City  or  any  person  who  may 
be  damaged  thereby. 

REMOVAL  OF  DANGEROUS  BUILDINGS. 

Section  237.  The  Commission  shall  have  power  to  order  any 
building,  structure,  or  materials  therefor,  hereafter  erected  or  in 
process  of  erection,  within  the  City,  of  which  the  construction  or 
materials  may  be  dangerous  to  surrounding  property,  to  be  taken 
down  or  removed.  To  this  end  the  Commission  shall  have,  within 
the  limits  of  the  City  of  St.  Cloud,  all  the  powers  and  authority  of 
the  State  Fire  Marshal  as  the  same  now  are  or  hereafter  may  be 
prescribed  by  law,  and  the  notice  and  proceedure  prescribed  in 
case  of  removal  and  taking  down  of  material  and  buildings  by  the 
State  Fire  Marshal  shall  be  due  process. 

FIRE  DEPARTMENT  AND  APPARATUS. 

Section  238.  The  Commission  is  authorized  to  provide  a fire 
department  for  the  City;  to  provide  all  the  means,  apparatus  and 
appliances  necessary  or  convenient  for  the  control  and  extinguish" 
ment  of  fires;  and  to  provide  for  maintaining  and  keeping  the  same 
in  order;  to  provide  buildings  for  the  use  of  the  fire  department; 
to  provide  fire  alarms  and  means  for  giving  notice  of  fires;  and  to 
provide  for  the  organization,  maintenance,  government  and  disband- 
ing of  volunteer  fire  companies.  Every  member  of  the  volunteer 
fire  department  shall  be  exempt  from  serving  on  juries  and  from 
military  duties  while  such  member;  and  every  person  who  shall  be 
a member  of  said  volunteer  fire  department  for  five  years  shall 
thereafter  be  exempt  from  all  such  duties. 

PAID  FIRE  DEPARTMENT. 

Section  239.  The  Commission  may  abolish  the  volunteer  fire 
companies  and  establish  paid  fire  companies  in  lieu  thereof,  and 
provide  for  the  employment  and  discharge  of  the  members  of  such 


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■companies,  and  prescribe  the  powers  and  duties  of  the  officers  and 
men  therein. 

COMMISSION  TO  MAKE  RULES. 

Section  240.  The  Commission  shall  have  power  to  make  rules 
and  regulations  for  the  government  of  the  fire  department  and  the 
members  thereof;  and  for  the  protection,  management  and  use  of 
all  the  means,  apparatus  and  appliances  for  the  control  and  ex- 
tinguishment of  fires. 

OFFICERS  OF  DEPARTMENT  AND  POWERS  AND  DUTIES. 

Section  241.  The  Commission  shall  have  power  to  appoint  a 
chief  engineer  and  two  assistant  engineers  of  the  fire  department, 
and  also  a fire  marshal,  and  to  prescribe  the  powers  and  duties  of 
such  officers  and  of  all  other  officers  and  members  of  the  fire  de- 
partment. The  fire  marshal  shall  see  that  all  laws,  ordinances, 
rules  and  regulations  for  the  prevention  of  danger  from  fire  are 
complied  with;  and  he  is  authorized  to  enter  any  dwelling  house 
or  other  building  at  any  reasonable  time  to  examine  chimneys, 
stoves,  furnaces,  pipes,  and  other  parts  of  such  buildings  and 
ascertain  whether  such  laws,  ordinances,  rules  and  regulations  are 
complied  with.  It  shall  further  be  the  duty  of  such  fire  marshal  to 
examine  particularly  into  the  cause  of  every  fire  which  shall  happen 
within  the  City,  and  to  make  and  keep  a brief  record  of  the  same, 
and  make  a report  thereof  to  the  Commission  at  such  times  as  it 
shall  direct. 

FIRE  POLICE.  DUTIES  OF  POLICE  MEN. 

Section  242.  Whenever  the  Commission  ©hall  deem  it  necessary 
it  may  provide  for  a fire  police  of  such  numbers  and  with  such 
powers  as  it  may  determine,  and  for  that  purpose  it  may  either 
give  police  powers  to  such  of  the  officers  or  men  of  the  fire  de- 
partment as  may  be  necessary,  or  authorize  the  appointment  of  the 
necessary  policemen  in  the  same  manner  as  other  policemen  are 
appointed.  In  all  cases,  all  policemen  present  at  any  fire  shall  be 
subject  to  the  direction  of  the  officers  of  the  fire  department  present 
at  such  fires. 

ARREST  AT  FIRES. 

Section  243.  Whenever  any  person  at  any  fire  shall  refuse  to 
obey  any  lawful  order  of  the  chief  engineer  of  the  fire  department 
or  other  officer  vested  with  authority  at  such  fire,  it  shall  be  lawful 
for  the  officer  giving  such  order  to  arrest,  or  to  direct  orally  any 
police  officer  or  citizen  to  arrest  such  person,  and  to  confine  him 
temporarily  in  any  safe  place  until  such  fire  shall  be  extinguished; 
and  in  the  same  manner  such  officer  or  any  of  them  may  order  or 
direct  the  arrest  and  confinement  of  any  person  at  such  fire  who 
shall  be  intoxicated  or  disorderly,  and  any  person  who  shall  refuse 
to  obey  any  such  lawful  order  or  who  shall  refuse  to  arrest  or  aid 
in  arresting  any  person  so  refusing,  shall  be  guilty  of  a misdemeanor. 

EXPENSE.  HOW  DEFRAYED. 

Section  244.  All  expense  pertaining  to  the  fire  department  shall 
be  paid  out  of  the  Fire  Department  Fund.  The  construction  of 


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buildings  for  the  fire  department  may  be  paid  for  out  of  the  Per’ 
manent  Improvement  Fund. 


CHAPTER  XVII. 

POLICE  DEPARTMENT. 

POLICEMEN,  APPOINTMENT,  QUALIFICATION,  REMOVALS. 

Section  245.  The  Police  Department  of  the  City  of  St.  Cloud 
shall  consist  of  the  Mayor,  a Chief  of  Police  and  such  subordinate 
policemen,  watchmen,  detectives,  and  other  olRcers  as  may  be  auth- 
orized by  the  Commission  and  appointed  by  the  Mayor.  The  Mayor 
shall  appoint  the  Chief  of  Police,  all  police  officere,  watchmen, 
detectives,  and  all  other  officers  pertaining  to  said  department.  All 
such  appointments  shall  be  subject  to  the  approval  of  the  Com" 
mission.  No  person  shall  be  eligible  to  an  appointment  in  said 
department  unless  he  is  a citizen  of  the  United  States,  is  able  to 
read  and  write  the  English  language,  and  is  of  good  health  and 
physique,  and  has  not  been  convicted  of  any  criminal  offense.  The 
Mayor  may  at  any  time  suspend  or  remove  any  officer  or  member 
of  said  department,  and  no  person  so  suspended  shall  receive  any 
compensation  for  the  time  he  is  so  suspended. 

LIMITED  POLICEMEN. 

Section  246.  The  Mayor  may  at  the  * request  of  any  persons, 
firm,  corporation,  society,  or  organization,  appoint  a policeman  or 
watchman,  who  shall  serve  without  expense  to  the  City,  and  have 
police  powers  to  preserve  the  peace  and  protect  property  within 
such  limits,  and  at  such  places  as  may  be  designated  in  such  ap- 
pointment, but  such  limited  policeman  or  watchman  shall  not  ex- 
ercise any  authority,  nor  wear  any  badge  of  office  outside  the  limits 
named  in  such  appointment. 

SPECIAL  POLICEMEN. 

Section  247.  The  Mayor  may,  in  case  of  any  mob,  riot,  pestilence, 
large  public  gatherings,  great  public  excitement,  or  other  emergency, 
or  for  days  of  election,  of  public  celebration,  or  of  public  parades, 
appoint  such  number  of  special  or  temporary  police  officers  as  he 
may  deem  necessary,  but  such  special  or  temporary  appointment 
shall  not  continue  for  more  than  one  week  without  consent  of  the 
Commission. 

TITLES,  RULES,  UNIFORMS,  ARMS  AND  BADGES, 

Section  248.  The  Mayor  shall  have  power  to  prescribe  the 
title,  rank,  powers  and  duties  of  the  several  members  of  the  police 
force  and  from  time  to  time  to  make  all  needful  rules  and  regula- 
tions for  the  government,  control,  efficiency  and  discipline  of  the 
same,  and  for  regulating  and  determining  the  uniform,  badges,  arms, 
discipline,  drill  and  exercise  of  the  same,  as  well  as  the  conduct  of 
the  officers  and  men  of  said  force  when  on  or  off  duty.  He  may 
promulgate  and  enforce  general  and  special  orders  for  the  govern'^ 
ment  and  direction  of  such  police  force  and  the  several  members 
thereof. 


CITY  OF  ST.  CLOUD,  MINN. 


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POWERS  AND  DUTIES. 

Section  249.  All  police  officers,  detectives  and  watchmen,  and 
all  members  of  the  police  force  of  the  City,  shall  possess  all  the 
powers  of  constables  at  common  law,  or  by  the  laws  of  the  State  in 
and  for  all  the  counties  in  which  said  City  is  situated;  and  shall 
have  the  power,  and  it  shall  be  their  duty,  to  execute  and  serve 
all  warrants,  process,  commitments,  and  all  writs  whatsoever,  is- 
sued by  any  Court  or  City  Justice  of  said  City,  and  also  all  writs 
and  process  whatsoever,  issued  by  any  Court  or  City  Justice  of 
said  City  in  civil  actions,  and  they  shall  have  authority  to  pursue 
and  arrest  any  person  fleeing  from  justice  in  any  part  of  the  State; 
and  when  performing  the  duties  of  constable  as  aforesaid,  shall  be 
entitled  to  like  fees,  to  be  taxed  and  collected  in  like  manner,  but 
the  City  of  St.  Cloud  shall  not  be  liable  to  them  for  any  fees. 

PEACE  OFFICERS.  POWERS. 

Section  250.  The  Mayor  or  Acting  Mayor,  Chief  of  Police,  the 
officers  of  police  next  in  rank  to  the  Chief,  the  Sheriff  of  Stearns 
County,  and  his  deputies,  the  Coroner,  the  City  Justices,  and  all 
police  officers  and  watchmen  shall  be  officers  of  the  peace,  and 
may  command  the  peace,  suppress  in  a summary  manner  all  rioting 
or  disorderly  behavior  within  the  city  limits,  and  for  such  purpose 
may  command  the  assistance  of  all  bystanders,  and,  if  need  be,  of 
all  citizens  and  military  companies,  and,  in  case  when  the  civil 
authorities  may  be  required  to  suppress  riots  or  disorderly  behavior, 
the  superior  or  senior  officer  present,  in  the  order  mentioned  in  this 
section  shall  direct  the  proceedings. 

REFUSING  TO  AID  PEACE  OFFICERS.  PENALTY. 

Section  251.  If  any  person,  bystander,  military  officer,  or  pri- 
vate, shall  refuse  to  aid  in  preserving  the  peace  when  thereto  re- 
quired, as  designated  in  the  foregoing  section,  every  such  person 
shall  forfeit  and  pay  a fine  of  fifty  dollars,  to  be  recovered  by 
prosecution  in  any  court  of  competent  jurisdiction. 

ASSUMING  TO  BE  POLICEMAN  A MISDEMEANOR. 

Section  252.  If  any  person  shall  without  authority,  assume  to 
act  as  a policeman,  or  pretend  to  have  such  power,  or  wear  the 
badge  of  policeman  within  said  City,  he  shall  be  deemed  guilty  of 
a misdemeanor,  and  upon  conviction  thereof  before  a City  Justice, 
he  shall  be  fined  not  exceeding  one  hundred  dollars  ($100)  or  im* 
prisonment  not  exceeding  ninety  (90)  days  in  the  discretion  of  said 
Court. 


CHAPTER  XVIII. 

CITY  JUSTICES  AND  COURTS. 

POWERS  OF  JUSTICES,  PROCEDURE,  APPEALS. 

' Section  253.  The  Justices  of  the  Peace  for  the  City,  styled 
City  Justices,  and  each  of  said  City  Justices  shall  possess  all  the 
authority,  power  and  rights  of  a Justice  of  the  Peace  for  the  counties 
in  which  said  City  is  located,  under  the  laws  of  this  State,  and  said 


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City  Justices  shall  in  addition  thereto  have  exclusive  jurisdiction 
to  hear  all  complaints,  conduct  all  examinations  and  trial  for  all 
offenses  cognizable  before  a Justice  of  the  Peace  for  violation  of 
any  provision  or  provisions  of  the  charter  or  of  any  ordinance  or 
by-law,  rule  or  regulation  made  or  adopted  by  virtue  thereof;  and 
of  all  cases  cognizable  before  a Justice  of  the  Peace  in  which  the 
City  is  a party,  and  of  all  writs,  prosecutions  and  proceedings  In 
the  recovery  of  any  fine  or  forfeiture  or  penalty  under  any  by-law, 
ordinance  or  regulation  of  said  City  or  its  charter,  and  in  all  cases 
of  offenses  committed  agaist  the  same.  In  all  prosecutions  for  as- 
saults, batteries  and  affrays,  and  for  all  offenses  cognizable  and 
triable  before  a Justice  of  the  Peace,  and  in  all  civil  suits  or  pro- 
ceedings before  said  City  Justice  the  same  forme  and  proceedings 
shall  be  had  and  used  when  not  otherwise  provided,  as  are  estab- 
lished and  required  to  be  had  in  civil  and  criminal  actions  by  the 
laws  of  this  State  before  a Justice  of  the  Peace,  and  appeals  from 
the  judgment  and  decisions  of  said  City  Justices  shall  be  allowed 
as  now  provided  by  law  for  appeals  from  judgment  rendered  by 
Justices  of  the  Peace;  Provided,  however,  that  at  least  one  of  said 
City  Justices  shall  reside  in  that  portion  of  said  City  lying  East  of 
the  Missistsippi  river,  and  provided  further  that  appeals  from  judg* 
ments  or  decisions  of  said  City  Justices  shall  be  taken  to  the 
District  Court  in  and  for  that  county  in  which  the  defendant  re- 
sides. Provided,  however,  that  in  all  actions  wherein  said  City  is  a 
party  and  in  all  actions  and  proceedings  for  the  violation  of  any 
ordinance,  by-law,  rule  or  regulation  made  or  adopted  by  virtue 
thereof,  and  in  case  of  all  writs,  prosecutions  or  proceedings  in  the 
recovery  of  any  fine  or  forfeiture  or  penalty  under  any  by-law,  or- 
dinance or  regulation  of  the  said  City  or  its  charter,  and  in  all 
cases  of  offenses  committed  against  the  same,  such  appeal  shall  be 
taken  to  the  District  Court  for  the  County  of  Stearns.  In  all  cases 
of  conviction  for  assaults,  batteries  and  affrays  within  said  City 
and  in  all  cases  of  conviction  under  the  ordinances  of  the  City  for 
breach  of  the  peace,  disorderly  conduct,  keeping  houses  of  ill  fame 
or  frequenting  the  same,  and  of  keeping  and  maintaining  disorderly 
and  ill-governed  houses,  the  said  Justice  shall  have  power,  in  ad- 
dition to  the  fines  or  penalties  imposed,  to  compel  said  offenders  to 
give  security  for  their  good  behavior  and  to  keep  the  peace  for  a 
period  not  exceeding  six  months  and  in  a sum  not  exceeding  five 
hundred  dollars.  All  fines  and  penalties  imposed  by  the  City  Jus- 
tices for  offenses  committed  within  the  city  limits  or  for  the  viola- 
tion of  any  ordinance,  by-law  or  regulation  of  said  city,  shall  belong 
to  and  be  a part  of  the  finance  of  said  City. 

ATTENDANCE  OF  OFFICE.  ISSUE  PROCESS,  WHERE. 

Section  254.  Said  Justices  shall  be  in  attendance  at  their  of- 
fices for  the  transaction  of  business  at  such  reasonable  hours  as 
the  Commission  may  prescribe,  and  complaints  may  be  made  to, 
and  writs  and  process  issued  by  them  at  all  times  in  court  or 
otherwise. 

FEE,  JURISDICTIONS  OF  ACTIONS  FOR  AND  AGAINST  CITY. 

Section  255.  In  all  suits  brought  in  behalf  of  said  City  for  the 
recovery  of  any  forfeiture,  fine  or  penalty,  in  all  cases  arising  and 


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on  complaints  for  the  violation  of  any  ordinance,  by-law  or  regula- 
tion of  said  City,  and  on  complaints  for  assault,  battery  or  affray  or 
other  misdemeanor  or  criminal  offense,  cognizable  and  triable  before 
a Justice  of  the  Peace,  committed  within  said  City,  the  said  Jus- 
tices shall  be  authorized  to  tax  with  the  other  legal  costs  one 
dollar  for  each  trial,  and  their  residence  in  said  City  shall  not 
deprive  them  of  jurisdiction  of  actions  brought  in  favor  of  or 
against  said  City  when  said  actions  are  otherwise  within  the  juris- 
diction of  said  Justices;  Provided,  that  said  fee  of  one  dollar  shall 
not  be  collected  from  any  county  of  which  said  City  forms  a part, 
nor  from  the  said  City. 

PROCESS,  TO  WHOM  DIRECTED.  NOT  REQUIRED,  WHEN. 

Section  256.  In  all  prosecutions  for  any  violation  of  the  pro- 
visions of  this  charter  or  any  ordinance,  by-law  or  regulation  of 
said  City,  the  first  process  shall  be  by  warrant  on  complaint  being 
made;  provided,  that  no  warrant  shall  be  necessary  in  any  case  of 
the  arrest  of  any  person  or  persons  while  in  the  act  of  violating 
any  law  of  the  State  of  Minnesota,  the  provisions  of  this  charter  or 
any  ordinance,  by-law  or  regulation  of  said  City;  but  the  person  or 
persons  so  arrested  may  be  proceeded  against,  tried,  convicted  and 
punished  or  discharged  in  the  same  manner  as  if  the  arrest  had 
been  made  by  warrant.  All  warrants,  processes,  or  writs  issued  by 
any  City  Justice  for  the  violation  of  any  ordinance,  by-law  or  regu- 
lation of  said  City  shall  be  directed  to  the  Chief  of  Police  or  any 
police  officer  of  said  City. 

OFFENDER,  IMPRISONED,  WHEN. 

Section  257.  In  all  cases  of  the  imposition  of  any  fines  or 
penalty,  or  of  the  rendering  of  any  judgment  by  a City  Justice  of 
said  City,  pursuant  to  any  ordinance,  by-law  or  regulation  of  the 
said  City  of  St.  Cloud,  or  for  the  violation  of  any  ordinance,  by-law 
or  regulation,  as  aforesaid,  the  offender  shall  be  forthwith  com- 
mitted to  the  city  prison  of  said  City,  or  if  there  be  no  city  prison, 
to  the  common  jail  of  Stearns  County,  and  be  there  imprisoned  for 
a term  not  exceeding  three  months,  in  the  discretion  of  the  City 
Justice,  unless  the  said  fine  or  penalty  be  sooner  paid;  and  from 
the  time  of  the  arrest  of  any  person  or  persons  for  any  offense 
whatever,  until  the  time  of  trial  the  person  and  persons  so  arrested, 
may  be  imprisoned  in  the  city  prison,  or  in  case  there  be  no  city 
prison,  in  the  common  jail  of  the  County  of  Stearns. 

PROSECUTIONS  TO  BE  IN  NAME  OF  CITY. 

Section  258.  All  prosecutions  under  the  provisions  of  this  act, 
for  any  violation  of  any  ordinance,  by-law  or  regulation  of  said 
City  shall  be  commenced  and  prosecuted  in  the  name  of  the  City 
of  St.  Cloud. 

ENTRY  IN  DOCKET  IN  LIEU  OF  COMPLAINT. 

Section  259.  In  case  when  alleged  offenders  shall  be  in  custody 
and  brought  before  said  Justice  without  process,  the  Justice  shall 
enter  on  his  docket  a brief  statement  of  the  offense  with  which  the 
defendant  is  charged,  which  shall  stand  in  place  of  a complaint, 
unless  the  Justice  shall  direct  a formal  complaint  to  be  made. 


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chapter  XIX. 

MISCELLANEOUS  PROVISIONS. 

RECONSIDERATION  OF  VOTE.  NUMBER  PRESENT. 

Section  260.  No  vote  of  the  Council  or  Commission  ehall  be, 
reconsidered  or  rescinded  at  a subsequent  meeting,  unless  at  such 
subsequent  meeting  there  be  present  as  large  a number  of  Council- 
men  or  Commissioners  as  were  present  when  the  vote  was  taken. 

RESIDENCE  IN  CITY  DOES  NOT  DISQUALIFY  JURORS,  ETC. 

Section  261.  No  person  ehall  be  an  incompetent  judge,  justice, 
witness  or  juror  by  reason  of  his  being  an  inhabitant  of  said  City, 
in  any  proceeding  or  action  in  which  the  City  shall  be  a party  in 
interest. 

ORDINANCES  AND  RESOLUTIONS  LEGALIZED. 

Section  262,  All  ordinances,  resolutions  and  regulations  hereto- 
fore made  by  the  Common  Council  of  the  City  of  St.  Cloud,  not  in- 
consistent with  the  provisions  of  this  charter  are  hereby  legalized 
and  shall  be  and  remain  in  force  until  altered,  modified  or  repealed 
by  the  Council  of  the  City  of  St.  Cloud,  or  by  resolution  of  the 
Commission  when  so  provided  herein. 

PROCESS  SERVED  ON  CITY,  HOW.  DUTY  OF  MAYOR. 

Section  263.  When  any  suit  or  action  shall  be  commenced 
against  said  City,  service  of  the  process  may  be  made  by  the 
proper  officer  by  leaving  a copy  of  such  process  with  the  Mayor  or 
City  Clerk;  and  it  shall  be  the  duty  of  the  offcer  upon  whom  such 
process  is  served  forthwith  to  inform  the  Commission  thereof,  and 
take  such  other  proceedings  as  by  ordinance  or  resolution  said 
Commission  may  have  in  such  case  provided. 

PROPERTY,  CITY  MAY  HOLD  AND  CONVEY.  NOT  TAXABLE. 

Section  264.  The  said  City  may  purchase  and  hold  real  and 
personal  estate  for  public  purposes,  sufficient  for  the  convenience  of 
the  inhabitants  thereof,  and  may  sell  and  convey  the  same,  and  the 
same  shall  be  free  from  taxation. 

CHARTER.  NOT  AMENDED  UNLESS  SO  STATED. 

Section  265.  No  law  of  the  State  concerning  the  provisions  of 
this  'act,  shall  be  considered  as  repealing,  amending  or  modifying 
the  same,  unless  such  purpose  be  expressly  set  forth  in  euch  law. 

PRINTED  ORDINANCES  AND  RULES.  EVIDENCE. 

Section  266.  All  books  and  pamphlets  published,  or  which  may 
be  published,  purporting  upon  their  title  page  to  be  published  by 
the  authority,  order  or  direction  of  the  Commission,  and  purporting 
to  contain  the  ordinances  of  said  City,  standing  rules  and  orders  of 
said  Commission,  or  either,  are  hereby  declared  to  be  competent 
and  prima  facia  evidence  of  the  contents  of  such  ordinances,  stand- 
ing rules  and  orders  and  of  any  resolutions  or  other  matters  pur- 
porting to  be  the  act  of  the  Council  or  Commission  which  may  be 
found  printed  therein,  and  of  the  due  and  legal  adoption,  approval 
and  publication  thereof.  And  the  certificate  of  the  City  Clerk  that 
any  printed  slip  of  paper  to  which  such  certificate  may  be  attached. 


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contains  or  is  a true  copy  of  any  ordinance,  resolution,  proceeding 
of  the  Council  or  Commission  or  other  paper,  the  original  of  which 
is  presumably  in  the  possession  of  said  City  Clerk,  shall  constitute 
such  printed  slips  of  paper  competent  and  prima  facia  evidence  of 
the  contents  and  purport  of  such  ordinance,  resolution,  proceedings, 
or  other  paper,  and  of  the  legal  passage,  adoption,  approval  and 
publication  thereof. 

PUBLICATION  OF  CHARTER,  ORDINANCES  AND  RULES. 

Section  267.  The  Commission  may  from  to  time  provide  for 
the  compilation  and  publication  of  the  charter  and  ordinances  of 
the  City,  and  such  resolutions  and  other  matter  as  may  be  desig- 
nated, and  for  the  distribution  or  sale  of  copies  of  such  a com- 
pilation in  its  discretion,  and  may  also  provide  for  the  exchange  of 
such  printed  compilations  for  similar  publications  of  other  cities. 

NO  OFFICERS  TO  DISPOSE  OF  CITY  PROPERTY. 

Section  268.  No  City  Officer  or  employee  or  the  City  shall  sell, 
dispose  of,  or  convert  to  his  own  use,  any  City  property  in  his 
charge,  without  special  authority  from  the  Commission. 

COMMISSION.  TRUSTEES  UNDER  TOWNSITE  ACT. 

Section  269.  The  Commission  of  the  City  of  St.  Cloud  shall 
have  all  the  powers  and  perform  all  the  duties  possessed  by  and 
enjoined  upon  the  former  town  Council  of  the  town  as  trustees  of 
the  trust  created  by  virtue  of  the  entry  of  the  townsite  of  St.  Cloud 
under  the  act  of  Congress  entitled,  “An  act  for  the  relief  of  citizens 
of  towns  upon  lands  of  the  United  States,  under  certain  circum- 
stances,” passed  May  23,  1844,  and  shall  execute  deeds  to  the  owners 
and  occupants  of  lots  in  said  town,  so  held  in  trust  by  the  former 
Town  Council;  shall  collect  the  assessments  of  said  lots,  and  shall 
pay  all  liabilities  incurred  in  the  exercising  and  carrying  out  of 
the  trust  aforesaid. 

EXPENSE  OP  ENTRY  A LIEN  ON  LOTS. 

Section  270.  The  amounts  assessed  upon  the  lots  in  said  town 
of  St.  Cloud,  for  the  expense  incurred  by  reason  of  the  exercising 
and  carrying  out  of  the  trust  mentioned  in  the  foregoing  section, 
shall  be  a lien  on  each  of  said  lots,  to  the  amount  of  expenses 
assessed  upon  such  lot,  and  no  sale  of  such  lot  or  lots  for  any  tax 
assessed  thereon  shall  pass  any  title  to  the  purchaser  or  "pur- 
chasers thereof,  until  the  purchaser  or  purchasers  shall  pay  to  the 
City  Treasurer  the  amount  assessed  against  said  lot  as  its  propor- 
tional share  of  the  expense  of  tbe  entry  of  the  townsite  of  St.  Cloud. 

CLAIMS,  ITEMIZED  AND  VERIFIED,  EXCEPT  PAY  ROLLS. 

Section  271.  All  claims  and  demands  against  the  City  except 
such  as  shall  be  paid  on  pay  rolls  as  in  this  charter  provided  shall 
be  itemized  and  duly  verified  by  the  claimant  or  some  person  having 
personal  knowledge  thereof  before  the  same  shall  be  allowed  by  the 
Commission. 

CITY  RECORDS,  PUBLIC,  EVIDENCE. 

Section  272.  All  records,  files  and  papers  of  the  City  shall  be 
deemed  to  be  public  records,  and  at  all  reasonable  times  shall  be 


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open  to  examination  and  inspection  of  all  persons,  and  shall  he 
prima  facia  evidence  of  the  facts  stated  therein. 

CHARTER,  COURTS  TAKE  JUDICIAL  NOTICE  OP. 

Section  273.  This  charter  is  hereby  declared  to  be  a public 
act,  and  all  courts  ishall  take  judicial  notice  thereof  and  it  shall  not 
be  necessary  to  plead  or  prove  the  same  in  any  court. 

CITY  TO  SUPPORT  PAUPERS  WITHIN  CITY. 

Section  274.  The  City  of  St.  Cloud  shall  care  for  and  support 
the  pauper  poor  residing  in  said  City. 

SUITS  BY  OR  AGAINST  CITY,  PLACE  OF  TRIAL. 

Section  275.  The  place  of  trial  of  all  actions  or  proceedings 
by  or  against  the  City  of  St.  Cloud  not  brought  before  a City  Jus- 
tice, shall  be  in  the  County  of  Stearns.  All  suits  or  proceedings 
by  or  against  said  City  not  brought  before  a City  Justice  shall  be 
brought  in  the  District  Court  of  said  Stearns  County;  and  no 
court  whatever  shall  have  original  jurisdiction  thereof.  Provided, 
that  this  section  shall  not  prevent  the  bringing  of  any  proceedings 
in  the  Supreme  Court  of  the  State  in  cases  in  which  the  Supreme 
Court  may  have  original  jurisdiction. 

CONVICTION  UNDER  STATE  LAWS,  CITY  EXEMPT  FROM 

EXPENSE. 

Section  276.  The  City  of  St.  Cloud  shall  not  be  liable  in  any 
case  for  the  board  or  jail  fees  of  any  person  who  may  be  committed 
by  an  officer  or  magistrate  of  the  City,  to  the  jail  of  Stearns  County, 
under  the  State  laws. 

APPEALS  FROM  ALLOWANCE  OF  CLAIMS. 

Section  277.  When  any  claim  against  said  City  shall  be  al- 
lowed in  whole  or  in  part  by  the  Commission  no  order  shall  be 
issued  in  payment  of  tbe  same  or  any  part  thereof  until  after  ten 
days  from  the  date  of  such  allowance,  and  the  City  Attorney  may 
in  any  case  and  if  the  amount  allowed  exceeds  twenty-five  ($25.) 
dollars,  upon  the  request  of  seven  taxpayers  of.  the  City,  he  shall 
on  behalf  and  in  the  name  of  said  City  appeal  from  such  allowance 
to  the  District  Court  in  and  for  the  County  of  Stearns,  by  causing 
a written  notice  of  such  appeal  to  be  filed  in  the  office  of  the  City 
Clerk  within  ten  days  after  the  date  of  such  allowance;  and  there- 
after no  order  shall  be  issued  in  payment  of  any  part  of  such  claim 
until  a certified  copy  of  the  judgment  of  the  Court  shall  be  filed  in 
the  office  of  the  City  Clerk,  except  as  hereinbefore  provided.  Upon 
the  filing  of  such  notice  of  appeal,  the  Court  shall  acquire  jurisdic- 
tion of  the  parties  and  of  the  subject  matter  and  may  compel  a 
return  to  be  made  as  in  the  case  of  an  appeal  from  the  judgment 
of  a Justice  of  the  Peace,  provided  that  when  said  appeal  is  taken 
at  the  request  of  taxpayers  of  said  City  it  shall  be  ineffectual  for 
any  purpose  unless  there  shall  be  filed  with  the  City  Clerk  and 
approved  by  him,  a bond,  to  and  for  the  use  of  the  person,  firm 
or  corporation,  in  whose  favor  such  claim  shall  have  been  allowed, 
executed  by  'the  taxpayers  requesting  such  appeal  or  by  some  one 
on  their  behalf,  in  the  sum  of  two  hundred  ($200.)  dollars,  condi- 
tioned that  said  taxpayers  shall  pay  all  costs  and  disbursements 


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that  may  be  awarded  against  said  City  on  such  appeal  and  such 
additional  sum,  if  any,  as  may  be  allowed  on  said  claim  in  the 
District  Court.  And  provided  further  that  at  any  time  said  appeal 
shall  be  dismissed  and  said  claim  paid  when  ordered  by  a vote  of 
a majority  of  the  members  of  the  Commission,  with  the  approval 
of  the  Mayor,  which  approval  may  be  signified  by  the  signing  of 
the  warrant,  or  order,  for  the  payment  of  the  same. 

Within  ten  days  after  an  appeal  has  been  taken  the  City  Clerk 
shall  on  being  paid  the  sum  of  one  dollar  by  said  taxpayers,  file  in 
the  office  of  the  Clerk  of  the  District  Court  a certified  copy  of  the 
claims  and  transcript  of  the  record  of  the  action  of  the  Commission 
thereon  together  with  a copy  of  the  notice  of  appeal  and  said  re- 
quest of  said  taxpayers,  if  any,  and  the  date  of  the  filing  thereof 
in  his  office.  The  proceeding  shall  be  put  upon  the  calendar  for 
trial  as  an  issue  of  fact  at' the  next  general  term  of  the  said  District 
Court,  beginning  not  less  than  ten  days  after  the  date  of  such  ap- 
peal; and  on  or  before  the  second  day  of  such  term  the  Court  shall 
direct  pleadings  to  be  made  up  as  in  civil  actions,  upon  which  the 
proceeding  shall  be  tried,  and  all  questions  of  law  summarily  heard 
and  determined.  Issues  of  fact  shall  be  tried  and  judgment  ren- 
ered  and  perfected  as  in  civil  actions,  but  no  execution  shall  be 
issued  thereon  except  for  the  collection  of  a counter  claim  or  costs 
and  disbursements  in  case  of  a judgment  therefor  against  a 
claimant. 

An  appeal  from  judgment  of  the  District  Court  may  be  taken 
to  the  Supreme  Court  as  in  civil  actions  within  thirty  days  after 
the  actual  entry  of  the  judgment.  If  no  appeal  is  taken,  a certified 
copy  of  the  judgment  shall  be  filed  in  the  office  of  the  City  Clerk, 
and  if  an  appeal  is  taken,  the  determination  of  the  Supreme  Court 
ehall  be  certified  to  the  District  Court  and  judgment  entered  in 
accordance  therewith,  and  that  judgment  certified  to  and  filed  in 
the  office  of  the  City  Clerk.  In  either  case  after  such  certified  copy 
is  filed  orders  shall  be  drawn  on  the  Treasurer  of  said  City  in  pay- 
ment of  any  judgment  in  favor  of  said  claimant  and  execution  may 
be  issued  out  of  said  District  Court  for  the  collection  of  any  costs 
against  a claimant.  Provided  that  in  any  case  when  costs  are 
awarded  against  a claimant  and  there  is  any  allowance  on  the 
claim  in  his  favor,  tbe  amount  of  such  costs  shall  be  deducted  from 
such  allowance,  and  in  any  case  of  an  appeal  the  City  may  in  the 
District  Court  interpose  as  a counterclaim  any  demand  which  it 
has  against  such  claimant  and  have  execution  for  the  collection  of 
any  judgment  in  its  favor. 

Costs  and  disbursements  shall  be  allowed  in  favor  of  said  City 
and  against  tbe  claimant  as  in  other  cases  in  case  said  claimant 
shall  fail  to  recover  an  amount  equal  to  that  allowed  by  said  Com- 
mission, but  in  no  case  shall  costs  and  disbursements  be  allowed 
against  said  city  unless  such  appeal  is  taken  by  the  City  Attorney 
without  the  request  of  any  taxpayers  as  herein  provided. 

In  all  proceedings  had  in  such  District  Court,  or  Supreme  Court, 
the  claimant  shall  be  known  as  the  plaintiff  and  said  City  as  the 
defendant,  and  the  taxpayers  at  whose  request  such  appeal  is  taken, 
if  any  there  be,  as  appellants.  In  ca&e  such  claimant  shall  recover 
on  such  appeal  a sum  equal  to  or  greater  than  the  amount  so  al- 


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lowed  by  said  Commisision  be  shall  be  entitled  to  costs  and  dis- 
bursements and  have  judgment  and  execution  therefor  against  said 
appellants,  and  in  case  there  shall  be  no  such  appellants  then  he 
shall  be  entitled  to  costs  and  disbursements  to  be  included  in  a 
judgment  against  said  City  ae  in  ordinary  actions. 


To  the  Honorable  Peter  J.  Seberger,  Mayor  of  the  City  of  St.  Cloud: 
Sir:  — 


We  the  undersigned  having  been  heretofore  appointed  by  the 
Judge  of  the  District  Court  of  the  Seventh  and  Eighteenth  Judicial 
Districts  as  a Board  of  Free  Holders  to  prepare  and  present  a 
proposed  new  charter  for  the  City  of  St.  Cloud  pursuant  to  the 
provisions  of  Sections  748  to  758,  inclusive,  R.  L.  1905  and  the 
several  laws  amendatory,  thereto — hereby  respectfully  submit  to 
Your  Honor  the  hereto  attached  draft  of  euch  proposed  new  charter. 

Dated  August  25th,  1911. 


CHARLES  F.  LADNER, 

President. 

P.  M.  MAGNUSSON, 

ALFRED  JOHNSON, 

JAMES  BENSIE, 

LORENZO  J.  ROCHOLL, 
ELMER  KNUTSON, 

J.  B.  ROSENBERGER, 

HUBERT  GANS, 

EDWARD  ZAPP, 

P.  J.  SEBERGER, 

C.  L.  ATWOOD, 

O.  H.  HAVILL, 

JAMES  E.  JENKS, 


Secretary. 


INDEX 


INDEX 


Sgc 

ABANDONMENT— 

Of  improvement,  costs  181 

ABBREVIATIONS— 

May  be  used  187 

ABSTRACT— 

Of  title,  furnished  before  payment  182 

To  platted  lands  208 

ACCOUNTS— 

Audited  by  Certified  Accountant  37 

Audited  by  commission  57 

Uniform  129 

ACTING  MAYOR— 

Powers  and  duties  42 

Who  shall  be  42 

ACTION  AGAINST  CITY— 

Brought  where  275 

How  Begun  263 

ACTION— 

Against  delinquent  officer  by  Mayor  35 

Against  officers  of  sinking  fund  146 

For  assessment  from  county  196 

For  damages,  when  barred  207 

For  injuries,  when  brought  205 

To  recover  property,  condemnation  192 

ADVANCEMENTS— 

By  County  Treasurer  121 

ADVERTISEMENT— 

For  depositaries,  sinking  and  interest  funds  130 

Sale  of  bonds,  contain  what  136 

Advertising,  official  222 

AFFIDAVITS— 

To  be  recorded,  evidence  82 

Of  publication,  to  be  recorded  223 

ALLOWANCE— 

For  property  dedicated  in  assessments  159 

AMENDMENT— 

To  charter,  must  so  state  263 


INDEX 


Sec. 

APPEAL— 

By  attorney,  in  what  name,  where,  how,  when  277 

From  assessment,  procedure,  trial  179 

From  City  Justice  253 

From  judgment  of  District  Court  to  Supreme  Court,  when  ....277 

Not  delay  work,  bond  182 

In  District  Court,  judgements  upon  180 

Taken  to  District  Court,  in  what  county  253 

APPRAISERS— 

Created  by  Commission  77 

To  determine  value  of  Public  Service  properties  77 

APPRAISEMENT— 

Of  damages  in  making  improvements  154 

Order  for,  form  155 

ARMS— 

Of  police  force  248 

ARRESTS— 

At  fires  243 

Without  warrant  256 

ASHES— 

Deposit  of  234 

ASSESSMENT— 

Additional  for  deficit,  excess  refunded 185 

Against  railways  189 

Report  and  adoption  of  157 

Allowance  for  property  deducted  159 

When  made  anew  184 

Appeals,  matters  considered,  trial  179 

Benefits,  damages  156 

Benefits,  damages,  judgment  upon  appeal  180 

On  buildings 160,  193 

By  frontage,  allowance  for  corner  190 

Purposes  149 

Confirmation  161 

Record  kept  by  city  clerk  164 

Errors  not  to  vitiate 183 

Form  of  levy  162 

Equalization  116 

Installments  paramount  lien  176 

How  collected  from  county  196 

Paramount  lien  >..163,  186 

Payable  to  treasurer,  receipts  169,  186 

Prior  legalized  195 

Procedure  to  confirm,  annul  ' 161 

Penalties  and  interest  on  delinquent  169 

Payable  in  installments  170 

Notice  of  assessment  installments  171 

Election  to  pay  installments  172 

Election  waives  defect  177 

Interest  on  installments  ..., 173 

Delinquent  installments  certified  to  county  auditor  174 


INDEX 


f 


Sec. 

Installments  paid  before  due  .175 

When  made,  and  validity  191 

Work  done — contracts  191, 

Record,  evidence,  validity 164 

Sidewalks,  form,  validity  198 

Building,  repairing  202 

Special,  sent  to  auditor 169 

Return  of  delinquent  168 

To  pay  for  property  sued  for  192 

Notice  on  warrant  167 

Warrant  delivered  to  city  treasurer  166 

Warrants  for  165 

ASSESSMENTS— 

Authorized,  upon  what  150 

Costs  and  expenses  of,  benefits,  damages  156 

For  what  purposes  150 

How  collected  196 

Improvements  in  sewerage  and  waterworks  210 

Methods  of  making  151 

May  combine  methods  152 

Manner  of  making  139 

Method  of  making  determined  by  Commission  150,  152 

Notice,  hearing  155 

Use  of  abbreviations  187 

Order  for,  form  155 

Damages,  costs  of  improvement  154 

Taxing  districts  150 

ASSESSMENT  ROLL— 

Corrected  by  Commission,  judgement  upon  appeal  180 

Evidence  179 

Filed  with  clerk,  publication  161 

For  each  county,  rules 118 

Form,  manner  of  making,  made  by  whom  158 

Rules  governing  115 

ATTORNEY— 

Prosecute  actions  against  public  utilities  39 

AUDITOR— 

Appointed,  when,  how,  duties,  qualifications  37 

Duties  of,  authority  37 

AWARD— 

How  paid,  to  whom  182 

AYES  AND  NAYS— 

Appropriation  of  funds  51 

Ordinances  voted  by  85 

Upon  every  vote  85 

BALLOT— 

No  party  designation  25 

Nominees  on  26 

Form  of  24 


INDEX 


% 


Sec. 

BALLOTS—  • f 

For  primary  election  23 

BENEFITS 

Shown  in  assessment  roll 158 

BENTON  COUNTY— 

Part  of  city  in  4 

BIDS— 

Deposit,  right  to  reject  229 

For  ofRcial  paper  221 

For  work,  when  224 

One  in  default  barred  225 

On  bonds  136 

BOARD  OF  EQUALIZATION— 

Adjournments  .,116,  117 

BOILERS— 

Construction  of  . . '. . . .234 

BOND— 

Cancelled  126 

Claimant  of  award  to  file  182 

Costs  and  disbursements,  appeal  from  allowance  of  claim  ..... .277 

Depositary  Sinking  and  Interest  funds  ,...140 

Holder,  right  to  maintain  action  146 

Liable  on,  for  neglect  of  duty  188 

Of  contractor  230 

To  avoid  stay  on  appeal  182 

BONDS— 

And  bonded  indebtedness,  how  paid  144 

Cancellation  of,  how  143 

Conditions  of  230 

Not  considered  as  part  of  city  indebtedness,  what  are 133 

Funding  of  145 

How  sold,  when  136 

In  anticipation  of  revenue  124 

Form  and  execution ; . . . .134 

Limitation  of  ...133 

New  may  be  required  15 

Of  City  officers  15 

Of  publisher  of  ofRcial  paper  ' 221 

Other  than  refunding  137 

To  issue,  % votes,  required  135 

Proceeds  of,  how  disposed  of  137 

Purposes  for  which  issued  132 

Paid  on  warrants  of  Sinking  Fund  Board  141 

Refunding  of,  sale  of  136 

Registration  of  135 

Requiring  approval  of  electors  137 

Not  sold  for  less  than  face  and  interest 134 

When  required  230 

When  delivered  138 

When  may' become  due  134 


INDEX 


Sec. 

BOOKS  OF  ACCOUNT— 

Evidence  266 

BOUNDARIES— 

Of  city  in  Benton  county  2 

Of  city  in  Sherburne  county  2 

In  Stearns  county 2 

Precinsts,  shall  not  be  changed,  when  8 

Wards  in  Benton  and  Sherburne  counties  4 

In  Stearns  county  - 3 

BRANCH  PIPES— 

Construction  of  212 

BUILDING! — 

Material,  yards,  measurement  74,  34 

Fire  escapes  and  extinguishers  ‘ - 234 

On  land  taken,  removal,  sale  160 

V Remaining  on  land  taken  193 

BUDGET— 

Annual  119 

BY-LAWS— 

How  passed  and  approved  81 

Relating  to  water  works 216 

Recorded  by  clerk  216 

CANCELLATION— 

Of  bonds,  how  143 

CANDIDATES— 

At  second  election  28 

Withdrawal  of  21 

Publication  of  names  23 

CHARTER— 

General  law  does  not  change  265 

Judicial  notice  of  273 

Part  of  contract  with  bondholder 139 

Publication  of  267 

Not  amended  unless  so  stated  265 

CHECKS— 

Filed  with  bids,  amount  of,  when  forfeited 229 

CHIEF  ENGINEER— 

Of  fire  department  241 

Authority  of  243 

CHIMNEYS— 

How  constructed  234 

CITY— 

Depositaries  i 130 

May  hold  property  264 

Not  liable  for  fees  when  276 

Process,  how  served  on 263 


INDEX 


Sec. 

Prosecutions  in  name  of  258 

Sued  in  what  county  275 

Liabile  for  legitimate  expenses  of  Council  71 

CLAIMANT— 

When  entitled  to  costs  277 

CLAIMS— 

Appealed,  allowed  when  277 

Itemized  and  verified  271 

CLERK— 

Advertise  for  bids,  sale  of  bonds  136 

Assessments,  Roll,  notices  161 

Duties  of  220 

Record  and  deliver  assessment  roll  164 

Transmit  delinquent  list  . . .* 169 

Collection  of  water  rents  218 

COMMISSION- 

HOW  composed  and  powers  44 

President  of  45 

Vice-President  of  46 

Meetings  of  47 

Quorum  48 

Rules  of  49 

Meetings  public  50 

Manner  of  voting  51 

Effect  of  absence  of  members  52 

Effect  of  failure  to  vote  53 

Monthly  statement  of  55 

Establish  anc\^  regulate  prison  56 

To  audit  accounts  57 

Manage  city  property  and  finances  58 

Sell  property,  when,  when  not  58 

May  acquire  property  58,  153 

Prescribe  powers  and  duties  of  officers  and  employees  61 

Make  rules  and  regulations  61 

Designate  department  heads  62 

Appoint  officers  and  prescribe  duties  63,  64 

May  remove  appointive  officers  63,  64 

May  eliminate  or  consolidate  offices  63 

Fix  compensation  of  officers  64 

May  revoke  licenses  . . . : 86 

Powers  not  limited  by  ordinance  87 

^ May  make  special  assessments  152 

Fix  number  of  assessment  installments  170 

Control  over  highways  and  public  grounds  199 

Control  of  sewerage  and  water  works  209 

Control  fire  department  240,  241,  238 

Power  to  acquire  private  property  59 

COMPENSATION— 

Fixed  by  resolution  65 

COMPLAINT— 

Before  justice  256 

Docket  entry  in  lieu  of  259 


INDEX 


Sgc 

COMMON  COUNCIL— 

Abolished  88 

CONDEMNATION— 

Authorized  for  what  178 

Complete,  when  182 

Damages,  benefits  156 

For  public  use  59 

How  commenced  154 

Of  property  in  suit  to  recover  192 

Of  property  by  Commission  153 

Title  under,  evidence  194 

CONFIRMATION— 

Of  assessment  161 

CONTRACT— 

Bids  for  224 

City  shall  have  power  to  make 1 

City  complete  work  under  231 

Countersigned  by  clerk  226 

Execution,  validity,  record,  evidence  226 

For  official  paper  221 

How  made,  with  whom  225,  226 

Improvements  made  by  191 

Not  executed,  deposit  forfeited  229 

Not  executed  unless  funds  227 

Publication  required  223 

Right  to  reduce  amount  128,  228 

Signed  by  Mayor 226 

With  officers  prohibited  68 

CONTRACTOR— 

To  give  bond,  when  ...230 

CORPORATION— 

Public  service  78 

CONVICTION— 

Second,  revokes  license  86 

Under  state  law,  city  exempt  from  expense  276 

COST— 

Sewerage  and  waterworks,  how  defrayed  210  , 

COSTS  AND  DISBURSEMENTS— 

Allowed  to  city,  when,  when  not  277 

COUNCIL- 

HOW  composed,  powers  70 

Legitimate  expenses  of  paid  by  city 71 

General  powers  of  70 

Not  authorized  to  levy  taxes  or  appropriate  money  71 

Officers  of  75" 

Organization,  meeting  of  72 

Quorum  of  72 

Meetings  of  72 

Meetings  open  to  public  72,  84 


INDEX 


S.ec. 

Legislative  powers  of  electors  73 

Common,  abolished  88 

Has  power  by  ordinance  v 74 


1st  To  license  exhibitions,  auctions,  peddlers,  etc, 

2nd  Restrain  and  prohibit  gambling. 

3rd  Prevent  rioting,  disorderly  conduct,  houses  of  ill 
fame,  sale  of  liquor,  etc. 

4th  Abate  unhealthy  or  nauseous  places  or  trades. 

5th  Regulate  slaughtering,  breweries,  pawn  shops,  stor- 
age of  gunpowder,  etc. 

6th  Prevent  the  encumbering  of  streets. 

7th  Regulate  movement  of  trains,  driving  in  streets, 
places  of  bathing,  etc. 

8th  Restrain  the  running  at  large  of  animals. 

9th  Prevent  putrid  substances  on  premises. 

10th  Establish  pounds,  waterworks,  lighting  works. 

11th  Establish  a Board  of  Health,  hospitals,  and  regulate 
burials. 

12th  Provide  for  inspection  and  weighing  of  provisions. 

13th  Prevent  damaging  street,  sidewalks,  curbs,  trees,  etc. 

14th  Prevent  discharge  of  firearms  and  fireworks. 

15th  License  agents,  runners,  solicitors. 

16th  Prevent  drunkenness  and  obscenity. 

17th  Establish  markets. 

18th  License  shops  for  sale  of  meat,  grain  and  provisions. 

19th  Regulate  weighing  and  measuring  fuel,  hay  and  other 
substances. 

20th  Compel  owners  to  clean  sidewalks  and  lots,  and  drain 
low  places. 

21st  Prevent  the  landing  of  paupers  and  persons  exposed 
to  contagious  diseases. 

22nd  Regulate  the  time  and  manner  of  holding  public 
auctions. 

23rd  Regulate  inspection  of  provisions,  meat  and  liquors. 

24th  Regulate  the  . planting  of  shade  and  ornamental  trees. 

25th  Abate  any  nuisances. 

26th  Make  regulations  for  the  preservation  of  the  public 
health. 

27th  Abate  nuisances  injurious  to  the  public  health. 

28th  Restrain  vagrants,  beggars  and  prostitutes. 

29th  Regulate  the  erection  of  hitching  posts  and  hatchways. 

30th  Regulate  the  numbering  of  houses  and  lots. 

31st  Regulate  use  of  steam  boilers  and  vehicles  propelled 
by  steam,  etc. 

32nd  Regulate  the  manufacture  and  sale  of  gas. 

33rd  Regulate  placing  of  poles  and  electric  and  other  wires. 

34th  Regulate  the  measurement  of  building  material,  the 
location  of  factories  and  the  storage  of  infiamable 
and  explosive  substances. 

35th  Provide  for  the  removal  of  dangerous  buildings. 

36th  Require  fire  escapes  and  extinguishers. 

27th  Regulate  the  width  of  wheel  tires  and  maximum  load 
on  streets. 

38th  Require  the  removal  of  partially  destroyed  dwellings. 

39th  License  hackmen  and  draymen. 


INDEX 


Sec. 

40tli  Regulate  the  construction  of  buildings. 

41st  Provide  for  the  removal  of  garbage  and  to  prohibit 
construction  of  privies. 

42nd  To  regulate  the  care  of  railway  crossings. 

43rd  To  regulate  the  construction  of  chimneys  and  smoke 
stacks  and  the  emission  of  dense  smoke  and  the 
erection  of  unsafe  buildings. 

44th  To  define  and  declare  what  shall  constitute  a nuisance. 

45th  To  regulate  the  carrying  of  dangerous  weapons. 

46th  To  regualte  the  cutting  of  ice  in  the  Mississippi  river 
and  in  Lake  George. 

47th  To  regulate  the  pasturing  of  animals. 

48th  To  provide  for  licensing  plumbers  and  :o  prescribe 
rules  for  doing  plumbing. 

49th  To  provide  for  licensing  electricians  and  to  prescribe 
rules  for  installing  wiring  or  apparatus. 

50th  To  provide  for  establishing  a Board  of  Civil  Service. 

51st  To  provide  for  establishing  a Civic  Art  board. 

52nd  To  provide  for  establishing  a Park  Board. 

53rd  To  provide  for  establishing  a Playground  Board. 

54th  To  provide  for  establishing  a Board  of  Charities. 

COMMISSION— 

Abandon  improvement,  when  181 

Adopt  resolution  for  issuance  and  sale  of  bonds  136 

Providing  for  sale  of  bonds  137 

Advertise  for  depositaries  130 

Appoint  additional  Judges  of  Election  10 

Approve  depositary  of  Sinking  and  Interest  funds  140 

Approve  plats  28 

Assess  anew,  when  184 

Assess  for  buildings  taken  160 

Assess  for  deficits  185 

Assess  for  sidewalks  198 

Assess  corner  lot,  allowance 190 

Confirm  appointment  of  police  245 

Authorized  to  levy  assessments  150 

Board  of  Equalization  116 

Canvass  election  returns  and  when  11 

Complete  contract  at  contractor’s  expense  231 

Confirm  assessment,  levy  installments  162 

Confirm,  revise,  annul  assessment  roll  161 

Consists  of  what  44 

Construction  of  sidewalks  202 

Correct  assessment  roll  180 

Declare  offices  vacant,  how,  when  12 

Initiative  89 

May  regulate  initiative  procedure  98 

May  regulate  referendum  procedure  101 

May  regulate  recall  Ill 

Designate  city  depositary  130 

Designate  place  of  holding  election,  when  8 

Dismiss  appeal  277 

Elect  appraiser  % 77 

Execute  townsite  trust  269 

Fill  vacancy  by  appointment  12 


INDEX 


Sec. 

Finances,  reduce  expenses  128 

Grant  permits  to  lay  pipes  and  wires  within  areas  214 

Incur  no  debts  exceeding  authority  226 

Levy  taxes  114 

Light  and  sprinkle  streets  204 

Make  rules  240 

Make  allowance  in  assessments  ' 159 

Make  assessments  152 

Make  improvements,  how  . . . 191 

Manner  of  voting  ; . , . 51 

May  appoint  officers  63 

May  determine  construction,  etc.,  of  branch  sewers 212 

May  form  election  precincts  8 

May  issue  warrants  in  anticipation  of  collection  of  assessments.  178 

May  issue  bonds  for  what  132 

Powers  of  70 

May  purchase  plant  of  public  service  corporation 78 

May  remove  officers  for  refusal  to  give  bonds 15 

May  revoke  license  86 

Meetings  of,  regular,  special  47 

Members  at  40 

May  issue  orders  in  payment  of  claim,  when  ...277 

Powers,  control  property  of  city  58 

Power  to  acquire  private  property  59 

Prescribe  method  for  exchange  of  bonds  135 

Provide  for  draining  marshes,  how,  when,  etc 213 

Provide  for  sale  of  bonds  other  than  refunding  137 

Publish  charter,  ordinances  267 

Regulate  laying  pipes  and  sewers  by  private  parties  .212 

Reject  bids  on  bonds  136 

Removal  of  officers  63 

Require  certified  check  with  bids  for  bonds  136 

Reserve  right  to  reduce  work 228 

Right  to  abandon  improvements  181 

Streets,  etc.,  powers  as  to  streets  199 

Tax  to  pay  judgment .127 

Transmit  tax  levies  to  Auditors  120 

Vacate  highways,  plats,  etc  201 

Work  by  day  or  contract  224 

COMMISSIONERS— 

To  hold  no  other  office  67 

COUNTY— 

Assessments  collected  from,  how  196 

Assessment  roll  for  each  118 

Treasurer  to  advance  money  to  city,  when  121 

COUNTER  CLAIM— 

Against  claimant  in  appeals  277 

COUPONS— 

Interest  on  bonds,  rate  of,  term  to  run  ?..134 

COURT— 

Revoke  licenses  86 


INDEX 


Sec. 

CURATIVE  ACT — Ordinances  and  resolutions  ■ 262 

Assessments  1S5 

DAMAGES— 

Bond  for  182 

Liability  of  city  and  person  205 

Action  for,  when  barred  207 

Notice  of  claim  207 

Shown  in  assessment  roll  158 

When  to  be  paid  182 

For  buildings*  > 205 

DANGEROUS  BUILDINGS— 

Removal  of  237 

DEBT— 

None  exceeding  express  authority  226 

DEDICATION— 

Allowance  for  159 

DEEDS— 

Clerk  to  keep  and  record  194 

DEFAULT— 

Of  officer  57 

DEFENDANTS— 

City  and  person  causing  injury  205 

DEFICIENCY— 

Of  Sinking  Fund,  how  met  145 

DEFICIT— 

Assessment  for  185 

Paid  out  of  Improvement  Fund  184 

DEPOSIT— 

Forfeited,  when  229 

Of  Sinking  and  Interest  Fund,  how  made  140 

DEPOSITORY— 

Failure  to  furnish  bonds  140 

Of  city  funds  130 

Sinking  and  Interest  Funds  140 

DEPARTMENTS— 

Finances  and  Accounts  60 

Public  Affairs  and  Safety  60 

Streets  and  Public  Improvements  60 

Duties  of  assigned  by  Commission  * 61 

Reports  of  66 

Publcation  of  reports  61 

DRAINAGE— 

Construction  of,  how,  when,  etc 213 

Wet  districts,  how,  when,  etc 213 

EAST  ST.  CLOUD— 

Exemption  from  indebtedness  131 


INDEX 


Sgc 

ELECTION — General,  municipal,  registration,  returns  7 

Canvass  of  returns  11 

Judges  of  10 

ELECTIONS— 

Special,  registers  of  voters  13 

For  sale  of  property  58 

Special,  judges  of  13 

Limits  of  96 

How  governed  7 

Primary  (see  nomination  of  officers)  7 

Second  28 

When  unnecessary  28 

Candidates  28 

Majority  required  28 

Rules  governing  29 

Informalities  not  invalidate  30 

Publication  of  Expenses  31 

Penalty  31 

First  'under  charter  34 

Special,  initiative  91,  94 

Special,  referendum  100 

Special,  recall  .105 

Judges,  pay  for  services  7 

Places  for  holding  8 

Precincts  8 

Returns  made  to  County  Auditor,  when 7 

Returns  made  to  City  Clerk,  when  7,  11 

Time  of  7 

ELECTORS— 

Legislative  powers  ( of  73 

May  hold  office,  qualifications  of  9 

Have  power  through  the  intitiative  73 

May  submit  ordinances  to  council  by  petition  89 

Ordinances  of,  shall  be  paramount  73 

To  enact  legislation  73 

To  carry  out  and  enforce  general  powers  of  city  73 

To  carry  out  and  enforce  specified  powers  of  council  73 

To  annul  ordinances  passed  by  council  73 

EMINENT  DOMAIN— 

Purposes  for  which  property  condemned  148 

Evidence  of  title  to  be  recorded  194 

Payment  of  awards  182 

May  condemn  when  sued  in  ejectment  192 

EQUALIZATION— 

Of  taxes  116,  117 

EVIDENCE— 

Of  publication,  records  and  files 272 

EXECUTIVE— 

Chief  35 

EXECUTION— 

Of  bonds  134 


INDEX 


Sec. 

EXEMPTION— 

From  indebtedness,  East  St.  Cloud  131 

EXPENSE— 

Reduction  of  128 

FEES— 

Paid  into  city  treasury  65 

FINANCIAL  STATEMENT— 

Filed  with  Clerk  128 

FIRES— 

, Persons  at  235 

Limits,  establishment,  regulations  232 

Dangerous  buildings  237 

Not  reduced  233 

Marshal  241 

Places,  construction  of  234 

Police  242 

Arrests  at  243 

Violations  of  regulations  235,  236 

FIRE  PREVENTION— 

Regulations  for  234 

FIRE  DEPARTMENT— 

Apparatus  238 

Expenses,  how  defrayed  244 

Buildings,  condemnation  of  property  authorized  237 

Paid  239 

Officers,  duties  241 

Regulations,  apparatus  234 

FIREMEN— 

Exempt  from  jury  and  military  service  238 

FIRE  POLICE— 

Duties  of  policemen  242 

FIRE  WORKS  AND  FIREARMS— 

Dangers  of  sale  of  ..23? 

FISCAL  YEAR— 

When  commencing  112' 

FORM— 

Of  bonds  134 

FRANCHISE— 

Ratification  of  75 

FUNDS— 

Division  of  revenues  into  113 

Separate  account  for  each  123 

Mayor’s  contingent  113 

GRADES— 

Establishing,  changing  200 


INDEX 


Sec. 

IMPROVEMENTS— 

Abandonment  of  181 

Condemn  property  for  149 

Method  of  procedure  for  making  154 

Property  owners  may  construct  197 

What  may  be  made,  when,  how  . . 149 

INCORPORATION— 

Of  City  and  powers  1 

INITIATIVE— 

Direct  legislation  90 

Ballots  94 

Further  regulations  98 

Limit  of  special  elections  96 

Initiative  ordinance,  when  effective  94 

Petition  90 

Provisions  of  chapter  2 shall  apply  90 

Publication  of  initiative  ordinance  92 

Repeal  of  initiative  ordinance 9? 

Several  ordinances  at  one  election  95 

Special  election  91 

Fifteen  per  cent  required  91 

Five  per  cent  required  92 

INSTALLMENTS— 

Notice  of  election  by  property  owner  172 

May  be  paid  before  due  175 

To  draw  interest  when  due  172 

Paramount  lien  176 

INTEREST  FUND- 

Penalty  for  violation  of  provisions  147 

Where  deposited  140 

Payment  of  144 

JUDGES  OF  ELECTION— 

Appointed  by  Commission  10 

Duties  7 

Pay  for  services  7 

Special  elections  12 

Shall  make  returns  of  election  to  Clerk,  when  7 

Vacancies,  how  filled  13 

Who  shall  not  be  10 

When  to  meet  7 

JUDGMENT- 

HOW  paid,  taxes  for  127 

Upon  appeal  180 

JURORS— 

Resident  not  disqualified  261 

JUSTICE— 

City  a party  255 

Docket  entry  in  lieu  of  complaint 259 

Jurisdiction,  powers,  duties  253 


INDEX 


Sec. 

Office,  issue  process  254 

One  shall  live  east  of  Mississippi  river 253 

Process,  to  whom  directed 256 

Fines  and  commitment  257 

Prosecution  in  name  of  City  258 

LEGISLATIVE  POWERS— 

Of  Council  74 

LEGISLATION— 

Direct  89 

LEVY  OF  ASSESSMENTS— 

Form  162 

LIABILITIES— 

For  neglect  of  duty  188 

LIABILITY— 

Of  property  owner  for  water  rent  219 

LICENSE- 

HOW  revoked  86 

LIGHTING  PLANT— 

Sale,  lease  58 

LIGHTING— 

Streets  204 

LIMITATION— 

Of  Bond  issues  133 

MAYOR— 

Administer  oaths  33 

Acting 42 

Superintendent  of  Public  Affairs  and  Safety  62 

Cannot  contract  debt  or  make  improvement  62 

Salary  of  65  , 

Can  hold  no  other  municipal  office  67 

May  require  action  by  city  attorney  39 

Approve  ordinance  43 

Call  special  meeting  of  commission  35 

Duties  of  41 

Examination  of  35,  37 

Employ  accountant  37 

Reports  to  council  36 

Member  of  commission  40 

President  of  commission  45 

Process  served  on,  duty  263 

Revoke  license  86 

Sign  proceedings  54 

Supervision  of  Public  Utility  companies  38 

Veto  43 

MEETINGS  OF  COUNCIL— 

Regular,  called,  place,  business,  etc 72 

Public  84 


INDEX 


S GC 

MISDEMEANOR— 

Assuming  to  be  a policeman  252 

Accepting  passes  68 

MONEY— 

Paid  out,  how  125 

NOMINATION  OF  OFFICERS— 

Mode  of  16 

Condition  of  candidacy  17 

Date  of  presenting  petition  19  . 

Date  of  filing  petition  22 

Form  of  nominating  petition  18 

Form  of  ballot  24 

No  filing  fee  required  19 

No  withdrawals  after  filing  22 

No  party  designation  on  ballot  25 

No  name  omitted  26 

Publication  of  official  ballots  23 

Withdrawal  of  signature  20 

Withdrawal  of  candidate  21 

NUISANCES— 

Abatement  of  74 

OATH  OP  OFFICE— 

To  be  filed 15 

Administered  by  whom  33 

OBLIGATIONS— 

Cancelled  when  paid  126 

OFFENDERS— 

Committed,  when  257 

Prosecution  of  to  be  in  the  name  of  city  258 

OFFICER— 

Contracts  with  city  void  68 

Deliver  property  to  successor,  when 32 

Removed  for  failure  to  give  bond  15 

Powers  and  duties  241 

Vacancies,  how  filled,  term  12 

When  deemed  vacant  14 

OFFICERS— 

Appointive,  when  and  by  whom  63 

Commission  to  prescribe  duties  63,  64 

Commission  may  remove  63,  64 

Commission  may  eliminate  or  consolidate  offices  63 

Fix  compensation  64,  65 

When  can  contract  with  city  68 

No  political  or  religious  test  69 

Liability  for  neglect  of  duty  188 

Elective,  qualifications  5 

How  qualify  15 

Notice  of  election  11 

Oath  and  bond  15 


INDEX 


Sec. 

Present,  continued  6 

Terms  of  office  6 

ORDERS— 

Cancelled  by  Treasurer  123 

ORDINANCES— 

Judicial  notice  81 

Council  enact  SI 

Legalized  262 

Mode  of  protesting  against  99 

Matters  regulated  or  prohibited  by  74 

Passed  and  approved  81 

Printed  evidence  82,  266 

Initiative  89  to  98 

Of  electors  shall  be  paramount  73 

Penalties  for  violation  of 79 

Signed  by  president  81 

Shall  be  reduced  to  writing  85 

May  be  submitted  to  electors  89 

Publication  of  93,  267 

Prosecutions  for  violations  79 

Record  kept  by  Clerk  82 

Repeal  of  97 

OWNER— 

Construct  improvements  197 

PARKS— 

Lease,  sale,  disposal  of  58 

Paupers,  city  to  support  274 

PAY  ROLLS— 

For  whom,  how  prepared  125 

PEACE  OFFICERS— 

Powers  of  250 

Refusing  to  aid,  penalty  251 

PENALTY— 

For  violation  of  ordinance  79 

PIPES— 

For  sewer,  water,  gas,  laying,  excavating  for,  etc 214 

PLATS  AND  PLANS— 

Of  improvements  required,  filed  where  154 

Regulations  208 

Vacations  201 

POLICEMEN— 

Assuming  without  authority  252 

POLICE— 

Powers  and  duties  of  249 

To  serve  subpoenas  33 

Appointment,  qualifications,  removals  245 

Limited  powers  246 


INDEX 


Sec. 

Peace  officers,  powers  250 

Refusing  to  aid,  misdemeanor  251 

Special,  appointed,  when,  terms  of  office  247 

Titles,  rules,  etc 248 

Political  test  for  appointment  69 

PRESIDENT— 

Of  Commission  45 

PRESIDING— 

Officer  of  commission  45 

PRIMARY  ELECTION — See  nomination  of  officers. 

Vote  necessary  1 

Elect  27 

PRISON— 

City  : 56 

Workhouse  56 

PROCEEDINGS— 

Published  how  221,  222 

PROCESS- 

HOW  served  on  city 263 

PROPERTY— 

Bought  and  sold  153 

City,  hold,  sell,  convey  264 

Condemned  for  what  purposes  148,  153 

Officer  not  to  dispose  of  268 

Subject  to  taxation 113 

Suit  to  recover,  condemnation  192 

Property  owner  may  construct  improvements  . ..197 

PUBLIC  BUILDINGS— 

Grounds,  powers  as  to  199 

PUBLIC  SERVICE  COMPANY— 

Supervision  by  mayor  38 

Franchise  forfeited,  when  76 

Must  file  annual  statement  when  76 

Rates,  how  changed  , 76 

Value  of  properties  appraised  77 

Plant,  how  may  be  acquired  by  city  78 

PUBLICATION— 

Of  charter,  ordinances,  rules  267 

Of  ordinance  ' 93,  81 

Of  summons  206 

QUALIFICATION— 

Of  city  officers  15 

Voters  9 

RECALL— 

Applies  to  elective  officers  102 

Candidates  at  recall  election  107 

Effect  of  recall  108 


INDEX 


Sec. 

Election  105 

Further  regulations  Ill 

Ground  of  106 

Incapacity  of  recalled  official  110 

No  recall  for  six  months  109 

Officers’  justification  106 

Petition  103,  104 

Provisions  of  chapter  2 shall  apply  104 

RECORDS— 

Inspection,  evidence  272 

REFUSAL— 

To  aid  peace  officers  251 

REFERENDUM— 

99,  100,  101 

RELIGIOUS  TEST— 

For  appointment  69 

REPORT— 

Of  Commissioners  66 

RESIGNATION— 

Of  Officers  14 

RESOLUTIONS— 

Legalized  262 

Shall  be  reduced  to  writing  85 

RETURNS— 

Of  elections,  delivered  to  City  Clerk,  when  11 

RIGHT  OF  WAY— 

For  mains  and  ditches  211 

\ 

RULES— 

Of  Commission  49 

SECURITIES— 

Deposited  with  Treasurer  143 

SEWER— 

Condemnation  of  property  for,  authorized  211 

Districts,  regulation  of  209 

How  paid  for,  assessments  210 

Right  of  way  for  211 

System,  establish,  construct,  maintain  209,  212 

SHERBURNE  COUNTY— 

Part  of  city  in  2 

SIDEWALKS— 

Assessment  for,  form  198 

Construction,  places,  grades,  notice,  expense  202 

Fireproof  233 

Repaired,  removed,  cost  203 


INDEX 


Sec. 

SIGNATURE— 

Withdrawal  of  20 

SINKING  FUND— 

( Provide  for  what  113 

Board  139 

Meetings  of 142 

Records  of 142 

How  paid  141 

Enforcement  of  provisions  146 

May  be  invested  in  what  139 

Penalty  for  violation  of  provisions  147 

Sufficient,  tax  omitted  145 

Where  deposited  140 

When  insufficient  145 

SPECIAL— 

Elections  13 

STATEMENT— 

Annual,  public  service,  filed  76 

STATEMENTS— 

Monthly,  publish  55 

STREET— 

Grades  200 

Injuries  by  defects  in,  notice  205,  207 

Light,  sprinkling  204 

Obstructions,  defects,  liabilities  . . . 205 

Powers  as  to 199 

Vacation  of  201 

SUBPOENAS— 

How  issued  33 

SUITS— 

City  to  recover  property,  may  condemn  192 

SUMMONS— 

Publication,  when  206 

SUPERINTENDENT  OF  FINANCES  AND  ACCOUNTS— 

Cannot  contract  or  make  improvement 62 

Salary  of  65 

Can  hold  no  other  municipal  office  67 

Financial  report  128 

SUPERINTENDENT  OF  STREETS  AND  PUBLIC  IMPROVEMENTS— 

Cannot  contract  debt  or  make  improvement  62 

Salary  of  65 

Can  hold  no  other  municipal  office  67 

TAXATION— 

Property  subject  to  113 

TAX—  ■ 

Certificates  178,  124 


INDEX 


Sec. 

TAXES— 

Levy  for,  transmission  to  Auditors,  interest 120 

Levied  how,  validity  114 

Rules  governing  assignment  115 

Board  of  Equalization  116,  117 

Annual  budget  119 

Assessment  roll  for  each  county  118 

County  Treasurer  to  advance  money  121 

Delinquent 122 

Distribution  of  funds  123 

How  collected  and  paid  over  120 

Statement  of  taxes  collected,  abated  and  delinquent  122 

Statement  to  County  Auditors  112 

Tax  certificates  124 

TERMS  OF  OFFICE^ 

Aldermen,  City  Justices,  others  6 

How  long  to  continue,  of  persons  now  holding 6 

When  to  commence  . . : : 6 

TEST—  

For  appointment  69 

TITLES— 

Acquired  in  condemnation  . '.182 

TOWNSITE— 

Commission  269 

TREASURER—  ’ 

Duties  220 

Pay  assessment  to  186 

To  order  notice  on  warrants  167 

VACANCIES— 

By  resignation,  occurs  when  14 

Declared  by  commission,  occurs  when 12 

In  office,  how  filled,  how  created  12 

Removal  from  city  14 

Refusal  or  neglect  to  enter  upon  duties  14 

VACATION— 

Streets,  plats  201 

VETO— 

By  the  Mayor  43 

VICE  PRESIDENT— 

Shall  act  as  presiding  officer,  when 46 

VOTE— 

Ordinances  85 

Necessary  1 

Elect  at  primary  election  27 

Necessary  to  elect  at  second  election  28 

Reconsidered,  rescinded  260 

VOTERS— 

May  hold  office,  qualifications  9 


INDEX 


Sec. 

WARDS— 

In  Benton  and  Sherburne  Counties  4 

Stearns  County  3 

May  constitute  voting  precincts,  divided  by  Commission 8 

WARRANTS— 

For  assessments  165 

WATER  WORKS— 

Consumer  furnished  by-laws,  rules,  regulations  of  Commission.  .216 

Distribution  and  waste  of 217 

Management  215 

Pipes  within  limited  areas  214 

Rates  kept  in  books  of  Clerk  220 

Rent,  collection  of,  to  be  shut  off,  when  218 

Who  liable  for  219 

Controlled  and  managed  by  Commission  215 

Lease,  disposing  of  58 

Right  of  way  for  : 211 

Waste  217 

Rentals,  by  whom  collected  218,  219 

Property  owners  liable  219 

WIRES  AND  PIPES— 

Within  areas,  permit  to  be  laid  214 

WORK— 

By  contract  or  day .224 

Right  to  reduce  reserved  128  & 228 

WORKHOUSE— 

Commission  shall  have  power  to  establish  56 

County  jail  as  city  work  house 80 

Offenders  kept  at  hard  labor 80 


I 


